Understanding Joint Tax Filing For Common-Law Couples

Common-law married couples can file jointly, but there are some risks involved. If you file a joint tax return, your tax liability becomes joint and several, meaning you are each responsible for taxes in full. This is only a problem for states that don't recognise common-law marriages. If you are recognised as common-law married by your state, you can file as MFJ.

Characteristics	Values
Can common-law couples file jointly?	Yes, if the state recognises common-law marriages
What happens if a common-law couple files jointly?	Their tax liability becomes "joint and several", meaning they are each responsible for taxes in full
What happens if a common-law couple doesn't file jointly?	They are in violation of the law

What You'll Learn

Common-law married couples can file jointly in some states
Filing jointly means you are each responsible for taxes in full
Common-law couples can use a joint tax return as evidence of their marriage
Common-law couples who don't file jointly may be in violation
Common-law couples may owe back taxes separately

Common-law married couples can file jointly in some states

If a couple fulfils the requirements of a common-law married couple and lives in a state that recognises common-law couples for tax purposes, they can file jointly. By filing a joint tax return, the couple's tax liability becomes "joint and several", meaning they are each responsible for taxes in full.

However, there may be risks associated with filing jointly as a common-law married couple. For example, if the couple separates, they would have to go through a divorce like any other married couple. Additionally, if a common-law married couple gets audited for their MFJ status, it could create a "chicken and egg" problem regarding their marriage status.

It is important to note that not all states recognise common-law marriages, and the requirements for common-law marriage may vary by state. As such, it is advisable to consult with a legal professional or tax advisor to understand the specific requirements and implications of filing jointly as a common-law married couple in your state.

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Filing jointly means you are each responsible for taxes in full

If you are recognised as a common-law married couple by your state, you can file jointly. However, if you do, your tax liability becomes "joint and several", meaning you are each responsible for taxes in full. This is the case for all purposes, not just for tax purposes.

If you are recognised as a common-law married couple and you don't file jointly, you are in violation. However, if you are audited for your MFJ status and were planning to use the joint return as evidence of your marriage, this could create a "chicken and egg" problem.

If you are not recognised as a common-law married couple by your state, you cannot file jointly.

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Common-law couples can use a joint tax return as evidence of their marriage

When you file a joint tax return, your tax liability becomes "joint and several", meaning you are each responsible for taxes in full. This means that if you separate, you will have to go through a divorce like any other married couple.

If you are recognised as common-law married by your state, you can file as MFJ. One way to be in a common-law marriage is by signing a document and submitting it. The other way is to hold yourself out as being married, which can be fulfilled by filing a joint tax return.

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Common-law couples who don't file jointly may be in violation

However, filing jointly also means that your tax liability becomes "joint and several", meaning you are each responsible for taxes in full. This could be a risk for common-law couples who file jointly, as if you separate, you will have to go through a divorce like any other married couple.

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Common-law couples may owe back taxes separately

If a common-law couple files jointly, their tax liability becomes "joint and several", meaning that they are each responsible for the taxes in full. This can be beneficial for couples who want to be married without obtaining a marriage license. However, it is important to note that if the couple separates, they will have to go through a divorce like any other married couple.

One way to be recognised as a common-law married couple in Texas is to sign and submit a document. Another way is to "hold yourself out as being married", which can be done by filing a joint tax return. If a couple feels they are married at common law and does not file jointly, they may be in violation.

It is important to consider the potential repercussions of filing jointly as a common-law couple, especially if there are concerns about owing back taxes. Seeking professional advice can help common-law couples understand their specific situation and make informed decisions about their tax filings.