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  1. #1

    Default Moved to New State with Expired Registration

    My question involves vehicle registration or title in the state of: CA

    Moved to CA from TX about 3 yrs. ago.
    Still have valid TX drivers license (not expired).
    Insurance is current on vehicle.
    TX Registration is not current on vehicle.

    Question:

    I want to get everything up to date on the vehicle (and obtain CA drivers license), including plates, registration, smog check, etc. The vehicle was received as a gift and I have the TX title. I still own the house listed on my TX drivers license, and still reside there for about 2 months out of each year (I still have some mail delivered to the address and have not yet finished moving all my belongings to CA).

    I'd appreciate any tips on getting this all taken care of without spending more money than I need to.

    Thanks in advance for all the help!

  2. #2
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    Default Re: Moved to New State with Expired Registration

    Quote Quoting drinkingwater
    View Post
    My question involves vehicle registration or title in the state of: CA

    Moved to CA from TX about 3 yrs. ago.
    Still have valid TX drivers license (not expired).
    Insurance is current on vehicle.
    TX Registration is not current on vehicle.

    Question:

    I want to get everything up to date on the vehicle (and obtain CA drivers license), including plates, registration, smog check, etc. The vehicle was received as a gift and I have the TX title. I still own the house listed on my TX drivers license, and still reside there for about 2 months out of each year (I still have some mail delivered to the address and have not yet finished moving all my belongings to CA).

    I'd appreciate any tips on getting this all taken care of without spending more money than I need to.

    Thanks in advance for all the help!
    Here is the related residency qualifications for California:

    CVC 516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
    The following are evidence of residency for purposes of vehicle registration:
    (a) Address where registered to vote.
    (b) Location of employment or place of business.
    (c) Payment of resident tuition at a public institution of higher education.
    (d) Attendance of dependents at a primary or secondary school.
    (e) Filing a homeowner's property tax exemption.
    (f) Renting or leasing a home for use as a residence.
    (g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
    (h) Possession of a California driver's license.
    (i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.


    Based on what you've posted, and without any of the details outlined in subsections (a) through (i), it sounds to me like you're in California for more than a six month in any 12 month period, and are therefore considered a California resident which also means that you must register the vehicle in California. You may have to bring your Texas registration up to date prior to affecting the transfer to California but that part, you'll have to do either way regardless of whether you simply renew in Texas or transfer to California.

    You can refer to the California DMV website for more information: How To Register A Vehicle from Out-of-State (Nonresident Vehicle)

    Now, since we've established that you are a California resident, and that you will be driving a California registered vehicle, you will also be required to obtain your California driver's license and here's a link to that info from the California DMV website: Driver License and Identification (ID) Card Information. You will be required to complete an application, pay the application fee, take the written as well as the vision test, and you can submit your Texas drivers license in lieu of having to take the road test.

    Just as an added hypothetical, if you decide to only transfer your driver license to California and only renew your Texas vehicle registration thereby making it current, then by virtue of subsection (h) of section 516 of the CVC "possession of a California Driver license" you would be considered a California resident, and if you are stopped by the police for any reason, then you'd be subject to a citation for driving an out of state registered vehicle that should have been transferred to California. If this were to happen, say, six months down the line and since you've already documented your date of residency in California (by virtue of the date of license transfer), then you're subjecting yourself to having to pay additional penalties for failing to transfer your registration. Whereas if you were to do both "now" you need not disclose that you've been in California for the past 3 years.

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