What is the legal description of

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What is the legal description of

I’ve written a First Look offer on a home and am required to sign an affidavit that I will use home as Primary Residence. I’m currently renting nearby and this will be my first and only owned home. I work 130 miles away, and stay at my boyfriend’s rental in that city while working. I will be working for my employer from my owned home 3-4 days a week. I understand I have to reside in the owned home 50%, plus 1 day for this to be considered

Asked on February 20, 2017 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

"Primary residence" is what you understand it to be: you live there 50% + 1 day of the year, or 164 days per year. It is not changed by occasional (e.g. one year, but not systematic or across multiple year) fluctuations not under your control--e.g. if you were badly injured and spent 7 months in hospitals and rehabs, that does not make those your "primary residence"--but if you predictably, knowingly, intentionally, or "structurally" (from how you life is set up) spent 50% or less of your time at a home, it is not your primary residence.


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