Husband's house in VA, mine in TX - how not to pay VA state taxes?

[pr1smus3r_12]

My husband owns a house in VA and I recently bought a house in TX. I work remotely and plan to update my address with my employer to TX, which will entail a pay cut.  We plan to be back and forth between TX and VA. My car registration and driver's license are still VA and my bills go there though I can update those items to TX.  Is there any way I can avoid paying VA state taxes if we split our time and if my husband maintains his home?  If not, would it help if my husband updated his information too (but kept his house)?  

[MaryK4]

If you intend to make Texas your domicile, take every affirmative step necessary, including recording the dates you are at each location.  If your husband maintains the Virginia home, it is very unlikely you will be able to prove you are not domiciled in Virginia.  

This is directly from the Virginia Code:

In making this determination consideration is given to a number of factors, including, but not limited to the following: sites of real and tangible property, location of savings and checking accounts, motor vehicle registration and licensing, motor vehicle operator's license, voter registration, membership in clubs and civic groups, place of business, profession or employment, charitable contributions, location of schools attended by children, length of time of residence, place of birth and marriage, residence of family, reason for abandoning or acquiring domicile, and, in the case of a minor or married person, domicile of parents, husband, or wife and/or children. No single factor is dispositive in determining domicile; rather the factors are examined collectively to determine if the intent to acquire or abandon Virginia domicile exists. A simple declaration of intent to abandon domicile, or physical presence elsewhere is insufficient to abrogate Virginia domicile.

Further, the fact that a person who has changed his place of abode to a location outside of Virginia but within six months of doing so again resides in Virginia constitutes prima facie evidence that no intent to abandon Virginia domicile existed. Where a question arises regarding an individual's domicile, the department may request such person to complete a questionnaire providing factual information relevant to the determination of intent to abandon Virginia domicile. Thus a change in domicile requires two concurrent actions--residence in a new locale and the intention to remain there indefinitely. The burden of proof that an individual has abandoned or failed to establish domicile in Virginia rests with the individual.  23VAC10-110-30.B.3