Home Blog Affidavit of Residency (Explained: What It Is And How It Works)

Affidavit of Residency (Explained: What It Is And How It Works)

What is an Affidavit of Residency?

When do you need one?

What is an example of an affidavit of residency?

Keep reading as we have gathered exactly the information that you need!

Let’s see what’s an affidavit of residence and how it works!

Are you ready?

Let’s get started!

What Is An Affidavit of Residency

An affidavit of residence, also referred to as an affidavit of residence or residency affidavit, is a sworn statement where a person certifies his or her address of residence.

Generally, an affidavit may be required by a governmental authority, school, or when dealing with a matter where a person’s rights or obligations are based on his or her address of residence.

By definition, an affidavit is a document that is signed by the affiant under oath.

Typically, the affidavit is signed in front of a notary public, lawyer, attorney, or any other person legally competent to receive someone’s oath.

Affidavits of residency are generally signed in front of a notary public who will then sign the document attesting that the signatory swore that the information in the affidavit was true when signing.

When Do You Need An Affidavit of Residency

Let’s look at some reasons why an affidavit of residence may be needed.

Minor Child School Registration

One of the most common reasons why an “affidavit of residency” is requested from someone is for a student to apply to a college or university or for parents to register their child in school.

An affidavit of residency form for school is typically required when the school system needs that the parents validate their address before confirming the registration of their child in the school.

Since schooling institutions are required to enroll children living in the proximity of the school or within a certain distance, in cases when a person’s address may not be easily provable or clear, the parents may be required to provide the school a notarized affidavit of residency.

For example, if a family recently moves into a certain district and still does not have documents to actually prove their address, the school may ask for an affidavit from the parents to validate their address.

College And University School Registration

Similarly, students going to college or university may also be required to provide an affidavit of residence form to their college or university to prove their address.

In certain universities, colleagues, and schooling institutions, a student may benefit from lower tuition and schooling costs if he or she can prove to be a resident of the state or district.

As a result, a student may look around for an affidavit of residence template to complete to prove their eligibility for the reduced tuition.

Tax Treatment

Another reason why a person may be required to furnish an “affidavit” of residence is to prove his or her residence for tax purposes.

When a person has one home, in one jurisdiction, it can be easy to determine the person’s tax obligations.

However, if a person has a few properties located in different jurisdictions and who spends some time here and there, it may no longer be easy to establish what taxes he or she must pay and under what tax laws.

When the tax authorities need further clarity on the person’s residence to establish the person’s primary residence for tax purposes, a residency affidavit may be requested.

Voter Registration

When a person’s address needs to be proven to establish the person’s voting abilities and logistics, a residence affidavit may be used.

Depending on the person’s address, the local authorities will be able to assess whether the person has the right to vote or not.

Either the authorities will provide the voter a template or a free affidavit of residence may be found online.

Vehicle License And Registration

Registering a vehicle or getting a driver’s license are also activities that are directly connected with a person’s address of residence.

A person living in a certain state looking to register a vehicle may need to prove that he or she lives in that state.

Similarly, to get a driver’s license from a certain state, the driver will need to show proof that his primary address is in that state allowing him to get a driver’s license from there.

Other Reasons

There are other reasons why a person may need to prove his or her address of residence, such as:

  • Validating address for filing a legal action or lawsuit
  • To be able to deal with a company offering services or discounts to residents of a certain city, state, country, or location
  • To send or receive funds from a financial institution 
  • To get medical benefits from a state or location
  • To establish the address of a child of divorced parents 

There are many other use cases for a residence affidavit and in many cases you may be able to find a simple and free affidavit of residence form online to suit your needs.

Why Do You Need An “Affidavit” of Residence

The main reason why an “affidavit” is required is that the authorities who need to rely on the information need to ensure that the information given to them is true and accurate.

When a person signs an affidavit, there’s more formality in the process indicating to the affiant that the information being given in the document is important.

Also, when the person signs, he or she must sign in front of notary public or attorney validating that he or she has read the document and attests that the information is true and accurate.

The notary public will sign the affidavit attesting that the person swore that the information was correct and true.

In essence, the person’s statement in the affidavit is under oath.

If a person is found to lie under oath or deliberately give false information under oath, in most jurisdictions, the act can be charged as a crime (crime of perjury).

As a result, signing an affidavit and attesting the content of an affidavit should be done very carefully and in some cases you may need to get legal advice from a competent lawyer or attorney.

How To Prove Residency

The best way to prove your residency is to provide evidence from third parties showing that you live where you claim to live.

Proving residence may require that the applicant or the party signing the affidavit collect information from third parties to prove that he or she lives in a certain place, such as:

  • Statement from an employer indicating that the person has been working from a certain location
  • Statement from the landlord indicating that he or she has been living in a certain rental unit
  • Statement from a family member 
  • Statement from a doctor indicating that he or she has been treating the person 

In addition to collecting various statements from others as to your place of residence, you can also enclose documentary proof to establish your main residence, such as:

  • Bank account statements 
  • Mobile phone statements 
  • Drivers license
  • Health Insurance card
  • Residential lease agreement 
  • Employment pay stub 
  • Your car registration 

Affidavit of Residency Example

What is an example of an affidavit of residence?

An affidavit of residence is a legal document that proves where a person resides.

The affidavit is signed before a notary public and the content of the affidavit is attested to be true and correct under oath.

A typical affidavit of residence will state:

I, (your name), hereby confirm having read the content of this document and attest that it is true and correct. I certify under penalty of perjury that the statements I have made in this affidavit are true and correct.
Author

Here is an example of the residency affidavit used by the Carmel Unified School District:

Affidavit of Residency Example

Notarized Affidavit of Residency Takeaways 

So there you have it folks!

What is affidavit of residency?

An affidavit of residence is a legal document where the person swears under oath that he or she lives at a specific address.

The document does not need to be long or complicated.

A simple affidavit of residence will contain:

  • The name of the person making the statement (affiant or deponent)
  • The confirmation of the address of residence 
  • How long the person has been living there
  • The name of others that live with you 
  • Affidavit date
  • Your signature
  • Name and signature of a notary public 

In most cases, when an affidavit is requested from someone it is to ensure that the person is telling the truth and giving accurate information to the company or government entity needed the address of residence.

In some cases, based on the person’s address, the person may be entitled to vote, get tax credits, pay lower fees, be entitled to register a property or get into the school system, or other.

As a result, the affidavit is requested to ensure that the person is entitled to the benefit or determine the specific process or treatment applicable to the person.

I hope I was able to help you better understand the meaning of an “affidavit of residence”, when it is used, how you can prove your address, and how the residence affidavit works!

Good luck!

Now, let’s look at a summary of our findings.

Affidavit of Residency Meaning Overview

  • An “affidavit of residence” is a legal document where person confirms his or her address of residence under oath
  • Any statement made in an affidavit must be attested by the signing party to be true and correct in front of a notary public who will counter-sign the document
  • Generally, an affidavit is required as a means to ensure the person’s legal rights or obligations 
  • Affidavits to prove residence is used to apply for a driver’s license, to register a child in public school, to allow a person to perform certain financial transactions, to establish tax obligations, apply to college or university, and more
Affidavit certificate 
Affidavit definition 
Affidavit of correction
Affidavit of death 
Affidavit of domicile
Affidavit of heirship 
Affidavit of service 
Affidavit of support
Complaint affidavit 
Concur missing receipt affidavit 
Homeschool affidavit 
Identify theft affidavit 
Insurance affidavit 
Notarized affidavit 
Notary public
Paternity affidavit 
Proof of residency letter
Scales of justice 
Scrivener’s affidavit 
Small estate affidavit 
What is perjury
Author
Address of domicile 
Adverse possession 
Beneficial interest 
Community property
Documents title 
Equitable ownership 
Estate at will 
Good titles
Habitual residence 
Joint tenancy
Landlord living agreement 
Land title
Legal domicile 
Legal tender 
Legal title 
Property title 
Quiet title action 
Statutory declaration 
Sworn declaration 
Tax residence 
Tenancy at will 
Title vs deed
Types of titles
Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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