Can I maintain my Texas residency even though I moved to New Mexico with my husband in August due to his military orders? He claims New Mexico as his state of residence.

[KarenJ]

Dee TurboTax provided the following answer:

It depends. You would only be able to claim TX as your state of legal residence if either you were a resident of TX before you were stationed in TX or during your stationing in TX, you changed her permanent state of residence to TX (In other words, you had the intention of making TX your permanent state of residence, for example, changed driver's license and voting registration). Having a permanent address in TX does not make you a permanent resident of TX.

Please note take if you are covered under MSRRA, and you did not change your legal residence to TX, you will need to file taxes in your state of legal residency (SLR).