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Old 09-25-2009, 07:18 AM   #1
bigdog
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Default NH Residency Requirements

Can someone explain to me what the legal requirements are, to be considered
a NH resident. Is it a town-by-town basis, or is there an official NH State
law/regulation ?

Is there is a website where this is explained, can you please direct me to that source.

Thanks !
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Old 09-25-2009, 07:25 AM   #2
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NH RSA 21:6

21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.


And from NH.com:

ESTABLISHING RESIDENCY
New Hampshire does not have a formal procedure for establishing residency. Anyone wanting to establish residency must provide some form of tangible proof that they are living in the state. Acceptable forms of proof include drivers license, utility bill, rental or mortgage payment, and vehicle registration.
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Old 09-25-2009, 07:39 AM   #3
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Thumbs up Argie's Wife cites excellent examples!

Excellent post Argie's wife!

Seldom have I seen it explained that clearly and concisely.

Another easy source of information is usually the Town or City clerk's office of the community you are moving in to. They can easily answer your questions, in many places help you get your vehicle registrations squared away and usually help you with the most important aspect; registering you as a voter in your new home community!
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Old 09-25-2009, 08:02 AM   #4
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Default i don't think its clear and concise at all...

Quote:
Originally Posted by Skip View Post

Seldom have I seen it explained that clearly and concisely.
In fact, it looks like circular reasoning to me. All but one of the things listed (utility bills, mortgage payments, and vehcile registrations) can be produced by a seasonal resident.

Both a driver's license and voter registration require residency and one must demonstrate residency to get them. The RSA cited obsures the issue, so framing the question another way: what documents, proof, etc, must one produce to get a NH driver's license - which then can be combined with all the rest of the documents mentioned to demonstrate residency?
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Old 09-25-2009, 08:03 AM   #5
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Default Don't forget ability to vote

If you want to vote in NH, your NH address must be your primary residence.
Some couples split residency between spouses so that one can vote in each state.
Of course if you live in a traditional town meeting town you have to physically be present during town meeting to vote, but that's for another thread.....
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Old 09-25-2009, 08:12 AM   #6
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Quote:
Originally Posted by breathe easy View Post
If you want to vote in NH, your NH address must be your primary residence. .....
Not necessarily, only if you are law abiding........
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Old 09-25-2009, 08:45 AM   #7
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Quote:
Originally Posted by TomC View Post
In fact, it looks like circular reasoning to me. All but one of the things listed (utility bills, mortgage payments, and vehcile registrations) can be produced by a seasonal resident.

Both a driver's license and voter registration require residency and one must demonstrate residency to get them. The RSA cited obsures the issue, so framing the question another way: what documents, proof, etc, must one produce to get a NH driver's license - which then can be combined with all the rest of the documents mentioned to demonstrate residency?
I used a utility bill to get my license and my license to register to vote. Not that big a deal.
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Old 09-25-2009, 09:00 AM   #8
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Quote:
Originally Posted by TomC View Post
In fact, it looks like circular reasoning to me. (most of these things) can be produced by a seasonal resident. ...
I don't think there is a minimum stay requirement for residency. Seasonal residents are entitled to many of the same rights and privileges as permanent residents. Establishing residency allows you to use "resident only" municipal facilities like trash transfer stations, some town parks, parking areas and that's all I have of that off the top of my head.

It is partially based on a person saying what they are and then becoming what they said. Even though there are penalties for falsifying your residency status the only time I know of a state investigating is for somone trying to avoid responsibilities in a state where they have a domocile (Mass. vehicle registrations for instance).

That's all I think I know about that.
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Old 09-25-2009, 09:03 AM   #9
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The voter RSA is 654: http://www.gencourt.state.nh.us/rsa/...54/654-mrg.htm

"An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves. A person's claim of domicile for voting purposes shall not be conclusive of the person's residence for any other legal purpose".

"(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form:

DOMICILE AFFIDAVIT

Date: ____________________

Name: ____________________


Current Domicile Address: ____________________
Street Ward Number

____________________
Town or City Zip Code

Date when current domicile was established: Month: _______ Year:_______

Place and date of birth: ____________________


Address of last previous domicile: ____________________
Street Ward Number

____________________
Town or City Zip Code


I hereby swear and affirm, under the penalties for voting fraud set forth
below, that my established domicile is at the current domicile address I have
entered above and that to the best of my knowledge and belief the information
above is true and correct.

____________________
(Signature of applicant)

In accordance with RSA 659:34, the penalty for knowingly or purposefully
providing false information when registering to vote or voting is a class A
misdemeanor with a maximum sentence of imprisonment not to exceed one year
and a fine not to exceed $2,000. Fraudulently registering to vote or voting
is subject to a civil penalty not to exceed $5,000.

On the date shown above, before me, __________ (print name of notary public,
justice of the peace, election officer), appeared __________ ( print name of
person whose signature is being notarized), (known to me or satisfactorily
proven (circle one)) to be the person whose name appears above, and he or she
subscribed his or her name to the foregoing affidavit and swore that the
facts contained in this affidavit are true to the best of his or her
knowledge and belief.

____________________
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Peace/Official Authorized by RSA 659:30"
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Old 09-25-2009, 10:17 AM   #10
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When you get your first NH drivers license it is a temporary for up to 6 months and you must surrender your other state's license. Should you desire to register ATVs or snowmobiles as a resident you must have a permanent license, the temporary will not be accepted. The temporary is good for everything else however.
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Old 09-25-2009, 10:47 AM   #11
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Quote:
Originally Posted by Kamper View Post
I don't think there is a minimum stay requirement for residency.
This is a touchy area..... Although most times it is easy enough to change your state of residency.... I have moved many times, you sign a Mortage or a lease, open a bank account and get your license and registration switched over....

Now as for you license most states take your old one from you. This is so that you never have two valid licenses on your person.

As for your vehicle registration and plates, not every states take those and some require you turn them back in (Massachusetts for instance). Now having moved from Massachusetts several times to other area's let me tell you this, you are a Massachusetts resident until you turn those plates back in....The MDR looks at this date for tax purposes of when you residency ends.

Now back to the minumum stay requirement, this gets touchy when it comes to Taxes, ultimately Voting and Taxes are really where your residency gets established or denied. Most states, say if you spend 180 or more days in there state then you are a resident and must file income taxes, now NH doesn't have an income tax so this may not apply....However I do believe NH taxes residents on certain investments etc.
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Old 09-25-2009, 10:56 AM   #12
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Quote:
Originally Posted by Kamper View Post
...I don't think there is a minimum stay requirement for residency...
You are correct, there is no minimum stay requirement in New Hampshire, only that you claim NH exclusively as your place of residence.
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Old 09-25-2009, 12:11 PM   #13
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Quote:
Originally Posted by LIforrelaxin View Post
.....you are a Massachusetts resident until you turn those plates back in....
This is debatable, sorry I could not pass it up.
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Old 09-25-2009, 12:26 PM   #14
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Default just for an example

Quote:
Originally Posted by Skip View Post
You are correct, there is no minimum stay requirement in New Hampshire, only that you claim NH exclusively as your place of residence.
Does this mean, If I live in NH they really do not care how long I reside there? The exclusively clause seems to not allow the below scenario.

For example I have two houses, one in NH and one in MA where I split my time equally and I am a current resident of MA. If I made my NH residences the permanent address and voted and registered the car there. I could become a resident of NH?
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Old 09-25-2009, 12:47 PM   #15
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Post A few more details...

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Originally Posted by Excalibur View Post
Does this mean, If I live in NH they really do not care how long I reside there? The exclusively clause seems to not allow the below scenario.

For example I have two houses, one in NH and one in MA where I split my time equally and I am a current resident of MA. If I made my NH residences the permanent address and voted and registered the car there. I could become a resident of NH?
Exclusively means that you claim no other State as your residence, not that you only "hang your hat" in NH.

In your case you could own a house and property in MA, in NH and as many other states as you could financially afford. You could spend one night a year in your NH house and spend all your other time abroad. Actually, you don't even have to spend a single night at your NH home. As long as you exclusively claim your NH home as your only permanent residence you are a NH resident.

And the courts have ruled that you can be a resident of NH, or any other State even if you don't have a permanent residence. Why? The homeless. Each and every citizen has a fundamental right to vote somewhere in this country, somewhere they can call home above and beyond everywhere else, even if that home is a cardboard box or a highway underpass.

The key to the concept is simple. You can only claim one primary residence at a time. Most people are honest and follow this concept. There are always a few that slip between the cracks, but that is the price we pay to live in a free society.

We see that a lot down here along the Maine border. It is common for residents to move into southern Maine and leave their vehicles registered in NH or other States they came from due to tax issues. Each year the local papers have stories about police crackdowns. The reason these folks get caught is because they leave their old State, have no residency left behind and usually do something stupid, like register to vote or accept benefits from the State of Maine while retaining their old driver's license or registrations. It is easy to get a conviction in court based on those easily discerned discrepancies.

Of course there are always exceptions to the rule besides the homeless. College students and deployed military personnel are common in the exceptions.
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Old 09-25-2009, 01:47 PM   #16
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Default NH Bound I hope?

Don't some states have a requirement that if you spend so many days as a resident in their state you are required to register your vehicle and obtain a driver's license? That would make it very difficult for anyone to try and claim NH residency that has a summer house in NH. Or would the State of NH be OK with the fact that you own property, vote, pay property taxes, and spend 1 day in NH? If that's the case NH your about to get a new citizen.

I'm sure that the State of Connecticut wouln't let me continue to live here without paying income taxes, but if did, I wonder if this excludes me from being a NH resident? I'm hoping there is way.
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Old 09-25-2009, 02:45 PM   #17
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Quote:
Originally Posted by Pineedles View Post
Don't some states have a requirement that if you spend so many days as a resident in their state you are required to register your vehicle and obtain a driver's license? That would make it very difficult for anyone to try and claim NH residency that has a summer house in NH. Or would the State of NH be OK with the fact that you own property, vote, pay property taxes, and spend 1 day in NH? If that's the case NH your about to get a new citizen.

I'm sure that the State of Connecticut wouln't let me continue to live here without paying income taxes, but if did, I wonder if this excludes me from being a NH resident? I'm hoping there is way.
If you successfully register to vote in New Hampshire, then you are and have established NH as your primary residency. But remember, do not get caught voting in another State!

In New Hampshire the requirement to seek a NH Driver's license and register your car here begins with the date you establish residency. In the case of your license you have 60 days.

By the way, the registry references RSA 21:6 in their FAQ for guidance on determining residency.

But in the end it all comes down to common sense. Only you truly know where you actually call "home". Those that get caught get caught because of either greed or stupidity. Stupid in that they physically move and just never get around to getting their new license or registration. Greed in that they still partake of all the benefits of their old State, including voting, but use NH addresses to avoid income tax, vehicle registration tax or fees or to vote in multiple locations.

Luckily most people are honest and the actual cases of deceit ore few and far between.
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Old 09-25-2009, 04:01 PM   #18
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Quote:
Originally Posted by LIforrelaxin View Post
...

Now as for you license most states take your old one from you. This is so that you never have two valid licenses on your person.

...
That is mostly correct. Most states have a clause that if you have a domocile or are a temporary resident for more than X days you need to get a license there. Others require it if you work there but that is more flexible and is only pushed if your jobs requires you to drive a commercial vehicle registerred in that state and even then you can probably get through a stop.

I lived in Florida for a while and since I knew about this rule I went to the local DMV office. First they looked at me like I was nutz. Then they checked their rule book. I had to take the written and driving test and received a license endorsed "Only valid in Florida." I got to keep my NH license.
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Old 09-25-2009, 07:15 PM   #19
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I have a NH license and also like you a Florida only license. The only reason I had to have Florida only license was that I own several pieces of property there and keep a vehicle in Florida. To register that vehicle in Florida I needed a Florida only. Before I bought that vehicle, I spent a lot of time their and didn't need nor have to get a Florida only license.

I read a legal case one time, of a couple that lived in state A. They bought property in state B through the mail, never having set foot in that state. They sold their property in state A intending to move to state B and make that their home. They died in car accident on the way in state C. They were millionaires and three states wanted a piece of the action. In which state were they residents? Which state got a piece of the action?
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Old 09-25-2009, 09:27 PM   #20
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Quote:
Originally Posted by bigdog View Post
Can someone explain to me what the legal requirements are, to be considered a NH resident.
I believe you become a NH resident when the requirements are met:
1. If you are originally from Massachussetts, you stop taking advantage of the curtesy of NH drivers, and actually become curteous yourself.
2. When someone asks you "where do you go for vacation", you don't automatically say "Cape Cod".
3. You actually believe that low taxes and reduced spending are good things.
4. You're no longer outraged by the "1st in the Nation primary".
5. You no longer complain about "only two weeks of summer". You realize that you're actually lucky to get that much.
6. You install woodburning stoves for heat, not show. And 4 cords of wood is never enough!
7. You finally realize what the "Moose crossing" signs really mean.

All that other stuff, like legal residence, utility bills, and the like is simply fluff -- window dressing. I think.....
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Old 09-25-2009, 11:05 PM   #21
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Default NH Residency Requirements

Wow didn't think I'd open a Pandora's box... Thought I was asking a simple question... Guess there isnt' really a simple answer ?

Hope to be making a NH property purchase soon, been looking for almost a year. Time is now right, lots of inventory to pick from, prices continue to fall, and mortgage rates at a historic low.

Think I like 'ThisaNThat's' definition of residencey best, make the most sense to me !

Thanks for all the good feedback, much appreciated.

Last edited by bigdog; 09-25-2009 at 11:05 PM. Reason: spelling
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Old 09-26-2009, 01:10 AM   #22
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Default Some things to bear in mind

Please don't come to NH to live and tell those who came before you that they have been doing everything wrong. Don't complain about the lack of services here as compared to your former residence. Learn to adjust, make do, and make friends. We like the way things have been run and don't need all those extras that do nothing but raise our taxes.

- a lifelong NH resident, keeping it simple.
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Old 09-26-2009, 07:03 AM   #23
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Quote:
Originally Posted by bigdog View Post
Wow didn't think I'd open a Pandora's box... Thought I was asking a simple question... Guess there isnt' really a simple answer ?

Hope to be making a NH property purchase soon, been looking for almost a year. Time is now right, lots of inventory to pick from, prices continue to fall, and mortgage rates at a historic low.

Think I like 'ThisaNThat's' definition of residencey best, make the most sense to me !

Thanks for all the good feedback, much appreciated.

P'shaw! That's nothing... you should see what people can do with a restaurant review thread around here.

I will say "Welcome to NH" where highly opinionated people will offer unsolicited advice to you like you were expecting your first baby or something.

Best of luck with your move!
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Old 09-26-2009, 07:17 AM   #24
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Quote:
Originally Posted by PennyCentury View Post
Please don't come to NH to live and tell those who came before you that they have been doing everything wrong. Don't complain about the lack of services here as compared to your former residence. Learn to adjust, make do, and make friends. We like the way things have been run and don't need all those extras that do nothing but raise our taxes.

- a lifelong NH resident, keeping it simple.
I think you advice is a little bit too late, Penny. But a very good point.
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Old 09-27-2009, 08:02 AM   #25
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This n That,
Really enjoyed your post in the Foxworthy Tradition.

If I could add a few...

When you are at the hardware store and someone mistakes you for an employee, you help them with their question rather than inform them of their mistake.

You participate in the town meeting debate on the repair of the town pickup truck and later vote millions of dollars for the budget with the raising of your pink card.

You hear about the indictment of another politician on TV and are comforted by the fact he is not one of ours.

You remind your new neighbor why he moved here was "because" NH is different and in a good way.
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Old 09-27-2009, 08:20 AM   #26
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Thumbs up NH Resident

Quote:
Originally Posted by This'nThat View Post
I believe you become a NH resident when the requirements are met:
1. If you are originally from Massachussetts, you stop taking advantage of the curtesy of NH drivers, and actually become curteous yourself.
2. When someone asks you "where do you go for vacation", you don't automatically say "Cape Cod".
3. You actually believe that low taxes and reduced spending are good things.
4. You're no longer outraged by the "1st in the Nation primary".
5. You no longer complain about "only two weeks of summer". You realize that you're actually lucky to get that much.
6. You install woodburning stoves for heat, not show. And 4 cords of wood is never enough!
7. You finally realize what the "Moose crossing" signs really mean.

All that other stuff, like legal residence, utility bills, and the like is simply fluff -- window dressing. I think.....
As a true NH resident, I have to chuckle and the above is true. I could add:

When you decided to join the Republican party and leave well enough alone.....................
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Old 12-13-2009, 04:47 PM   #27
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Now I have a question
I have a secondary residence in NH at a 3 season camp. Can I use that to register in NH, becuase I have been told No? and if not Why is the answer No?
I do know in the condo camp bi-laws it declares the property as a seasonal residence?

Also if I can, how do I go about giving NH my money instead of MA?
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Old 12-13-2009, 07:00 PM   #28
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I have a Po Box in NH. You can send it there....
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Old 12-13-2009, 09:19 PM   #29
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Quote:
Originally Posted by AC2717 View Post
Now I have a question
I have a secondary residence in NH at a 3 season camp. Can I use that to register in NH, becuase I have been told No? and if not Why is the answer No?
I do know in the condo camp bi-laws it declares the property as a seasonal residence?

Also if I can, how do I go about giving NH my money instead of MA?
I believe that to vote in NH you must claim your NH address as you primary residence. I'm not sure about the seasonal issue though. A good question for the town clerk.
As far as giving NH your money instead of Mass., I think your stuck paying both.
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Old 12-14-2009, 09:39 AM   #30
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Quote:
Originally Posted by AC2717 View Post
Now I have a question
I have a secondary residence in NH at a 3 season camp. Can I use that to register in NH, becuase I have been told No? and if not Why is the answer No?
I do know in the condo camp bi-laws it declares the property as a seasonal residence?
I have retired neighbors who own a seasonal waterfront cottage in NH and a condo in CT. They actually do spend more time at the cottage and a number of years ago they claimed it as their primary residence. Their cars are registered in NH and they don't close the cottage for the season and move back to CT until after they vote in the November elections.
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Old 12-14-2009, 09:44 AM   #31
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I was always under the believe that if you register your car in NH you can not have it be in Mass for any extended period (like > 2 weeks). This is to get those that are simply avoiding various tax and fees for a Mass car.
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Old 12-14-2009, 09:58 AM   #32
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If it's a small town, maybe start showing up at the monthly selectmen's meeting and ask a bunch of dopey questions about anything. After a few months of that and they know you, it could go a lot easier to become a resident. They just don't want to let any old outsider become a resident on your first try.
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Old 12-14-2009, 09:47 PM   #33
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Originally Posted by fatlazyless View Post
If it's a small town, maybe start showing up at the monthly selectmen's meeting and ask a bunch of dopey questions about anything.
I tried that. It doesn't work very well. After a few weeks of asking dopey questions, the selectmen looked at each other; turned back to me; and asked:

"Are you the Fatlazyless poster on the Winni forum?"
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Old 12-15-2009, 08:22 AM   #34
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RSA21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others
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