Common-Law Couples: Filing Taxes Separately Or Jointly?

If you are a common-law married couple, you may be able to file taxes together. However, this depends on whether your state recognises common-law marriages for tax purposes. If you are recognised as common-law married by your state, you can file as married filing jointly. If you are married, you must file as married.

Common-law married couples and filing jointly

If you are married, you have to file as married. Common-law married is considered married. However, if you are non-married but want to file a joint return, it is possible to use married filing jointly if you're considered married under a common-law marriage recognised by your state.

If you file a joint tax return, your tax liability becomes "joint and several", meaning you are each responsible for the taxes in full.

If you are recognised as common-law married by your state, you can file as married filing jointly.

Common-law marriage and tax liability

If you are married, you have to file as married. Common-law marriage is considered the same as marriage in the eyes of the law. However, if you are non-married but want to file a joint return, it is possible to use married filing jointly if you are considered married under a common-law marriage recognised by your state.

If you file a joint tax return, your tax liability becomes "joint and several", meaning you are each responsible for the taxes in full. This means that if you are recognised as common-law married by your state, you can file as married filing jointly (MFJ).

If you are recognised as common-law married, you will also inherit each other's back tax debt. This can cause complications if you separate down the road, as you will have to go through a divorce like any other married couple.

Common-law marriage and tax debt

If you are recognised as common-law married by your state, you can file taxes as married filing jointly (MFJ). Common-law married is considered married, so if you are married, you have to file as married.

If you file a joint tax return, your tax liability becomes "joint and several", meaning you are each responsible for the taxes in full.

If you are non-married but want to file a joint return, it is possible to use married filing jointly if you are considered married under a common-law marriage recognised by your state.

Common-law marriage and divorce

Common-law marriage is a legally recognised union in some US states. If you are in a common-law marriage, you are required to file taxes as a married couple. This means that you cannot file taxes separately.

If you are recognised as common-law married by your state, you can file as married filing jointly (MFJ). This means that your tax liability becomes "joint and several", so you are each responsible for the taxes in full.

If you are in a common-law marriage and want to file taxes separately, you will need to go through a divorce like any other married couple. This can be a complicated process, and it is recommended that you seek legal advice.

Common-law marriage and state recognition

If you are recognised as common-law married by your state, you can file taxes jointly. However, you must be recognised as married under common law marriage to do so. If you are recognised as common-law married, you are considered married for all purposes, and so you must file as married.

If you are recognised as common-law married, you will be considered married for tax purposes, and so you will inherit each other's back tax debt. You will also be responsible for each other's taxes in full.

If you separate, you will have to go through a divorce like any other married couple.

Some states recognise common-law marriage for tax purposes, so it is possible to file taxes jointly as a common-law married couple if you live in one of these states.

Frequently asked questions