
Common-law married couples can file jointly, but only if they are recognised as married by their state. Common-law marriage is a form of legal marriage, and if a couple is recognised as married, they must file as married. If a couple is recognised as common-law married and they don't file as married, they are in violation.
Characteristics | Values |
---|---|
Can common law married people file jointly? | Yes, if the state recognises common law marriages |
What if the state doesn't recognise common law marriages? | You can't file jointly |
What if one partner has no income or deductions? | You can still file jointly |
What You'll Learn
- Common-law marriage recognised by the state
- Common-law marriage recognised by the state where the marriage began
- Common-law marriage recognised by the state for tax purposes
- Common-law marriage recognised by the state where the couple lives
- Common-law marriage recognised by the state where the couple lives and the state where the marriage began
Common-law marriage recognised by the state
Common-law marriage is a form of legal marriage and is recognised as such by the state. If you are in a common-law marriage recognised by your state, you can file as married filing jointly (MFJ). However, this is only a problem for states that don't recognise common-law marriages.
In some states, common-law marriage can be established by signing a document and submitting it. In other states, one element of common-law marriage is 'holding yourself out as being married'. Filing a joint tax return would fulfil this element. If you are in a common-law marriage and don't file MFJ, you are in violation.
If you are married, you have to file as married. You are considered married for tax purposes for the entire year if, by December 31, you are living together in a common-law marriage recognised in the state where you live or in the state where the common-law marriage began.
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Common-law marriage recognised by the state where the marriage began
Common-law marriage is a form of legal marriage. If you are recognised as common-law married by your state, you can file a joint return. This is only a problem for states that don't recognise common-law marriages.
If you are living together in a common-law marriage recognised in the state where you live or in the state where the common-law marriage began, you are considered married for tax purposes for the entire year.
One way to be in a common-law marriage is to sign a document and submit it. Another way is to hold yourself out as being married. Filing a joint tax return would fulfil this element. In fact, if you feel you are married at common law and you don't file a joint return, you're in violation.
If you are married, you have to file as married. That's the only option allowed for you.
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Common-law marriage recognised by the state for tax purposes
If you are in a common-law marriage that is recognised by your state, you can file a joint tax return. This is only a problem for states that don't recognise common-law marriages.
If you are married, you have to file as married. Common-law marriage is a form of legal marriage.
In some states, common-law marriage is recognised if you have signed a document and submitted it. Another way to be considered married under common law is to hold yourself out as being married. Filing a joint tax return would fulfil this element.
If you are in a common-law marriage and you don't file a joint tax return, you are in violation.
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Common-law marriage recognised by the state where the couple lives
If you are in a common-law marriage that is recognised by the state where you live, you can file a joint return. This is because common-law marriage is a form of legal marriage. However, if you live in a state that does not recognise common-law marriage, you cannot file jointly.
In order to be recognised as common-law married, you must fulfil certain requirements. One way to do this is by signing a document and submitting it. Another way is to hold yourself out as being married. Filing a joint tax return would fulfil this element. If you feel you are married at common law and you don't file a joint return, you are in violation.
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Common-law marriage recognised by the state where the couple lives and the state where the marriage began
If you are recognised as common-law married by your state, you can file as married filing jointly (MFJ). This is only a problem for states that don't recognise common-law marriages. If you are married, you have to file as married. Common-law marriage is a form of legal marriage.
If you live in a state that recognises common-law couples for tax purposes, you can file a joint return even if one of you had no income or deductions. You are considered married for tax purposes for the entire year if, by December 31, you are living together in a common-law marriage recognised in the state where you live or in the state where the common-law marriage began.
In Texas, 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. Filing a joint tax return would fulfil that element. If you feel you are married at common law and you don't file MFS/MFJ, you're in violation.
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Frequently asked questions
Yes, if you are recognised as common-law married by your state, you can file as married filing jointly (MFJ).
If you live in a state that doesn't recognise common-law marriage, you won't be able to file jointly.
You can find out by checking the requirements for common-law marriage in your state. For example, in Texas, one way to be in a common-law marriage is by signing a document and submitting it.
If you feel you are married at common law and you don't file as married filing separately (MFS) or married filing jointly (MFJ), you're in violation.