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Affidavit of Residence

This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].

1. Agreement terms

The Parties agree that the following agreement is dependent on the terms presented as follow:

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Affidavit of Residence

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What is an Affidavit of Residence?

An Affidavit of Residence is a legal document used to verify where someone lives. It is used for yourself and anybody who lives with you at that address. Affidavits are considered sworn legal testimony. Making any false statements would likely lead to criminal charges. An Affidavit of Domicile is most often utilized by a probate court when distributing the deceased person’s property upon death. 

An Affidavit of Residence needs to be signed in the presence of a licensed Notary Public, for it to be considered a legally binding document. It is also sometimes, erroneously, referred to as an Affidavit of Domicile.  

An Affidavit of Residence is usually used in response to a request from a school, financial institution, place of employment, court, or other entity’s request for proof of residency. You could complete an Affidavit of Residence recently after you move somewhere new and have a need to provide proof of residency.

When do you need an Affidavit of Residence?

An Affidavit of Residence is needed any time you are going to need legal proof of what address you are currently living at. Sometimes, you can show a driver’s license and a utility bill with your name on it to prove residence. However, sometimes those won’t show your new address, and a notarized affidavit of residence would be required. 

This document is useful when you are trying to establish your new residency. Sometimes, utility companies, the DMV, and other entities will require you to have proof of residency before you have any other documentation with your name and address on them. In those instances, an Affidavit of Residency is very valuable. 

You might need to show this affidavit at the voting polls before you are allowed to vote, especially if you are registering to vote for the first time in a new state. 

What if you don’t complete an Affidavit of Residence?

There many issues that can happen to you if an Affidavit of Residence is not completed, or is completed inaccurately. You might find it quite difficult to get utilities turned on in your new residence, or you might run into trouble trying to get you your driver’s license or your vehicle registered, especially if you are moving from out of state. You might be unable to enroll your children in public school, and you might not be eligible for affordable health care either.  Lastly, you might also have difficulty at the DMV. You will ultimately need an updated photo ID with your new address, and without this affidavit, it might be difficult to obtain this photo ID, whether it’s a driver’s license or other government issued photo ID.

How do you fill out an Affidavit of Residence?

When filling out legal documents, it’s usually helpful to look at a sample affidavit before trying to do it on your own without any assistance. You can find many samples online, but each state might have their own rules. Be sure to review your state’s requirements before submitting a document. 

After you look at some samples, the next step is to obtain an official Affidavit of Residence form. If you are using a lawyer, your lawyer’s office should be able to provide this form for you. If not, you can find the form online.

Now that you’ve got the form, you can move to the next step. Like most legal forms, you’ll need to fill in basic information about yourself, including your name, birth date, and place of residency. Most importantly, when you’re done, you will need to sign the form in the presence of a notary, who will also sign and date the document, and this will serve to make your affidavit a legal document.

As always when working with a notary, you’ll need to show photo identification to the notary at the time of signing, so they can verify your identify. Your photo identification does not need to have your address on. For example, it can be your passport. They are just looking for your full name and picture to match what you look like in person.

Person Holding Gray Twist Pen and White Printer Paper on Brown Wooden Table
Filling out an Affidavit of Residence should be a fairly quick and easy process (Source)

What information do you need for an Affidavit of Residence?

To prove your residency, you need to provide some information to complete this form. Since the form can be lengthy, it’s best to make sure you’ve got all the necessary information handy before you start filling it out, so you don’t have to stop halfway through.

Residency information

Start by providing your full, legal name, include your address and how long you’ve resided there. Then you’ll need to print a legally binding oath stating the information you provided is accurate. After this, you’ll need the notary to sign your letter. 

In some cases, you’ll need either mortgage paperwork or a letter from a landlord stating that you do live there. Bank statements or utility bills could work too if they’ve got your full legal name and your new address on them. You might be required to complete an Affidavit of Identity to further verify your own identity before further legal proceedings. By completing this, the court will be able to legally verify who you are.

Dependent’s information

You should mention if any other residents are living at that address with you. Similar to your information, at minimum you’ll need all full, legal names and dates of birth.

Why should I verify residency?

Blue and Gray Concrete House With Attic during Twilight
Defining legal residency can be as easy as verifying the address where you live. (Source)

In the legal world, “residency” means that you are taking up residence in a certain place. It’s important to establish legal residency because it affects things like your right to vote (and where you vote), if you can run for government office, and how you pay your taxes. If you have children, it also affects where they are eligible to attend public school.

Your healthcare can also be affected by where you live. Your eligibility for health care, how much it costs, and what doctors you can see for treatment, are all affected by where it is you reside. 

If you’re applying for a visa, or looking for work in the United States, it’s also important to verify your residency before applying for any government visas. Employers will be happy to see your residency already established before hiring you. 

Sometimes, if you’re applying for a credit card or a new bank, you’ll need to verify for your residency. At minimum, having your residency already verified would make that process easier.

The general rule

To verify your residency, have as much paperwork as possible that has your legal name and new address on it. The more paperwork you have with that documentation, the easier it will be to fill out an Affidavit of Residence and legally establish your new address.

If you are proving the residency of your children as well, it could be helpful to have birth certificates and social security cards readily available.

Other determinants

If you’re still having trouble establishing and verifying a legal residence, some other things might help. Try using one of the following to assist you in filling out your Affidavit of Residence: 

One of the above might be helpful as that last piece you need to verify your residency. If you find yourself needing to follow through on creating an Affidavit of Residence, you should be able to find help in a variety of ways. Your lawyer would be the best place to start, but you should also be able to find most of what you need online.

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