What constitutes a primary residence?

I bought a primary residence before I got married. My husband and I are now thinking of buying a new home together. He has never owned a home, so would this count as a primary residence, since it is the first one we’ve bought together?

Asked on September 20, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country one's primary residence is where he or she intends to reside for day to day living purposes. It is the residence where mail is delivered for all purposes for the owner.

If you and your husband do not own a home presently, the home intended to be purchased would be your primary residence if you intend to live in it on a day to day basis.

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