Cal. Code Regs. tit. 5 § 41905

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 41905 - Evidence of Residence

In order to establish a residence, it is necessary that there be a union of act and intent. The act necessary to establish legal residence is physical presence within the State of California. Relevant indicia of intent to make California one's residence include, but are not limited to: voting in elections in California and not in any other state; satisfying resident State personal income tax obligations; establishing an abode in the state where one's belongings are kept; licensing from the State for professional practice; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address or home of record in California if in the armed forces; engagement in litigation for which residence is required; showing California as home address on federal income tax forms; and the absence of these indicia outside California during any period for which a residence in California is asserted. Documentary evidence, including but not limited to the foregoing, may be required. No single factor is controlling or decisive.

Cal. Code Regs. Tit. 5, § 41905

1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044 and 68062, Education Code.

1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).