TX Drive License for service member

1,530 Views | 7 Replies | Last: 8 mo ago by OldArmyCT
12P888
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My wife bought a car a few years ago and was registered in NC under her name. We lived there solely based on my military order; the county tax office did not charge us property tax for the vehicle because our state of residence was NY. Later I changed my state of residence from NY to TX when I was stationed at TX. I did not get a TX driver license though, neither did my wife. Now we moved back to NC upon my military order. The tax office told my wife she has to prove she is a resident of TX (same residence of the service member); otherwise, she has to pay property tax for her car. I emailed the tax office and told them based on the U. S. Code Title 50 Chapter 50 Section 4001, they should not charge us property tax for my wife's car, but the tax office said they are following NC law. I am tired dealing with the tax office but wondering since my LES shows TX is my state of legal residence, even we don't live in TX now due to my military assignment at NC, can I and my wife apply for TX driver license? Any thoughts would be appreciated.
Smeghead4761
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Where are you and your wife registered to vote?
OldArmyCT
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AG
Why is your wife's car not registered in your name?
12P888
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Finance. If we add my name on the registration, we have to refinance and the rate will go up from 1.99% to 6.99%; the increase of interest will be more than property tax.
12P888
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when my wife bought the car, I was overseas. To make things easy at that time, we decided just my wife purchase and finance the car.
12P888
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We never registered to vote.
Smeghead4761
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So, the other than your LES, the only actual proof of residence anywhere is your and your wife's NY DLs?

Do you own property anywhere, and if so, where?

I honestly have no idea if TX DPS will issue a DL to someone who can't physically go to a DPS office , because (thanks to the REAL ID Act) you have to show proof of citizenship (birth certificate, naturalization papers, or passport), proof of residence (ie, something showing that you live at the address you're claiming - lease, mortgage, utilities in your name, etc). And if your wife took your last name, she would need a copy of the marriage license as well.

If you're not physically in the state, and don't have any sort of physical presence - owning property - I'm not sure they would issue you a DL or ID.

Why can't you just show them your orders and your NY DLs?
OldArmyCT
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AG
Talk to a JAG lawyer. Read up on this law yourself.
https://www.militaryonesource.mil/financial-legal/legal/military-spouses-residency-relief-act/
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