An Affidavit of Residency is a legal document used to verify that you live where you say you do. These documents are used anytime when proof of residency is requested by a court, school, DMV, or other institution.
What is an Affidavit of Residency?
An affidavit of residency is a sworn statement used to prove that someone lives at a specific address. While it’s a very straightforward document, the residency affidavit must be signed in the presence of a notary public. You can use an affidavit of residence in various circumstances, including verifying your home address to allow your child to attend a public school in a specific district.
Common terms included in affidavits of residence are:
- Residence: the place a person lives with some permanence. For example, a hotel room is not a residence, but an apartment rented for six months is a residence for that period. A residence can be a house, apartment, or condominium and may be owned or rented.
- Landlord: the person who owns the property that is being rented. Depending on its use, a landlord’s signature may be required on the affidavit.
- Length of Residency: the length of time a person has lived at the residence.
- Notary Public: The person who notarizes the affidavit of residence before submission to the intended party.
Some sources use the terms “affidavit of residence” and “affidavit of domicile” interchangeably, but these documents serve different purposes.
Affidavit of Residence vs. Affidavit of Domicile
An affidavit of residence verifies the current residence of a living person as may be required by schools, employers, banks, and courts. In contrast, an affidavit of domicile is used to verify the last legal residence of a deceased person to transfer specific types of property to their beneficiaries.
As a reference, an affidavit of residence is also called:
- Affidavit of Residency
- Proof of Residence Affidavit
- Proof of Residency Affidavit
- Residency Affidavit
- Notarized Affidavit of Residence
- Notarized Residency Letter
When an Affidavit of Residency is Needed
An affidavit of residence is required whenever you need legal proof of where you are currently living. In some situations, presenting a driver’s license and a utility bill with your name is required to prove your residence. But in many cases, you still need to provide a notarized affidavit of residence [1] .
If you are renting your home or have recently moved, you may not have the typical alternative proofs of address required and can use an affidavit of residence instead.
You will likely need an affidavit of residence in the following situations:
- First-time registration of your child in public school
- Registering your child in a public school after moving to a new school district
- Applying for a driver’s license after moving to a new state
- Verifying residency for a court or business as per their requirements
- Verifying residency with a college or university to qualify for in-state tuition rates
- Registering and receiving funds through a public retirement program, for example – Teachers Retirement System of Georgia
- Registering and receiving Medicaid benefits within a state, for instance, MassHealth (Massachusetts Medicaid Program)
- Verifying the address of the custodial parent after a divorce for school registration purposes
- Verifying the address of a parent after a divorce for child support purposes
The Consequences of Not Having an Affidavit of Residence
Without an affidavit of residence, a public school cannot enroll your child in their program. If you have recently moved, you will not be able to apply for a driver’s license, enroll in specific healthcare programs, or access other services without the affidavit.
While it may be tempting to use a relative’s address or other misleading information on an affidavit of residence to register your child in the desired school district, remember that this is a sworn document. Suppose it is discovered you have lied on your affidavit. In that case, the state may immediately withdraw your child from the school, and you could face charges for making a false statement to public officials, perjury, or other crimes.
As a landlord, you may be required to complete an affidavit of residence to verify the residence of your tenants. Please verify that you own the property and are leasing it to others in this situation.
The Most Common Uses for This Form
The most common situation for using this document is when registering a child for a public school after a move or seeking in-state college tuition rates. They are also common as part of divorce proceedings involving children and after moving to a new state to apply for a driver’s license.
A person can have more than one residence, and in this situation, the address used on the affidavit of residence will depend on its purpose. For example, if you have a summer home at the beach, and a winter home where you live during the school year, only use the winter home address on the affidavit of residence when registering your child in school because it is the only one that is applicable.
How To Fill out an Affidavit of Residence
If you want to know how to fill out an Affidavit of Residence, follow these step-by-step instructions to ensure the document is legally valid.
Step 1 – Fill in the personal details of the Affiant
The first step to filling in an Affidavit of Residence is filling in the affiant information. The affiant is another word for the person giving the sworn statement or declaration. You must provide the following personal information:
- State and County
- Name
- Date of Birth
- Social Security Number
- Address
- Length of residency
- An example of where to include personal details in an affidavit of residency
Step 2 – Fill in the details of people who can vouch for your residency
This part is crucial as it contains the information of witnesses who can prove that you’re living at your current address.
A witness can be anyone other than the affiant’s spouse who has known you for at least a period, such as six weeks. The witness must also be a resident of the same state as the affiant. Check your state requirements for the length of time required to be a witness.
You can also include additional documents that can help prove your residency, such as phone bills, utility bills, or a lease agreement.
- An example of where to include details of people who could vouch for you in an affidavit of residency
Step 3 – Sign the document
Once you’ve added the above information, provide your signature to complete the first half of the document.
- An example of where to include your signature in an affidavit of residency
Step 4 – Notarize the document
As the document is an affidavit, it should be notarized by a notary public so that they can confirm your identity. They will add the necessary legal language and sign the document.
What Should be Included in Your Affidavit of Residency
An affidavit of residence is a simple document that includes:
- Your full legal name
- Address of your residence
- How long you have been a full-time resident at the address
- The names of other people who live at that address with you
- The date of birth and your relationship with these individuals, i.e., roommates, spouse, children, landlord, parent, etc…
- Required notary public language
- Required signatures of the parties
Affidavit of Residence Sample
Below is a sample affidavit of residence available to download in PDF or Doc format.