Cameron Miranda
Texas is one of the few states that recognizes common-law marriage, also known as marriage without formalities or informal marriage. A common-law marriage is a valid and legal way for a couple to marry in Texas and can be proved by evidence that the couple lives together and publicly presents themselves as husband and wife. If a common-law married couple files their taxes jointly, they are considered married, and both are responsible for any taxes owed. However, there is no such thing as common-law divorce, so if a couple separates, they will need to get a formal divorce.
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What You'll Learn
Common-law marriage recognition in Texas
Texas is one of the few states that recognize common-law marriages. A common-law marriage is a legal marriage without a formal ceremony or marriage license. It is created when certain specific legal requirements are met.
To prove a common-law marriage in Texas, the couple must meet the requirements outlined in Section 2.401. This includes living together, agreeing that they are married, and holding themselves out to others as a married couple. This can be demonstrated through various actions, such as filing joint tax returns, signing leases or other documents as spouses, making joint purchases, and including a partner on health insurance. Texas law does not require a couple to be together for a specific period of time before they can declare themselves to be in a common-law marriage. However, it is important to note that proving a common-law marriage can become more difficult if more than two years have passed since the couple separated.
Once a common-law marriage is proven in Texas, it has the same legal status as a ceremonial marriage. This means that if the couple wishes to end the marriage, they must go through a formal divorce process, and the division of property and debts will be handled in the same way as in a formal marriage.
When filing taxes as a married couple in Texas, both spouses must sign the income tax return. By filing a joint tax return, the couple is agreeing to be responsible for any taxes owed jointly and individually. It is important to note that the IRS follows state laws to determine marital status for tax purposes, so if a couple is legally considered married under common law in Texas, the IRS will also recognize them as married.
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Filing jointly as a common-law married couple
Texas is one of the few states that recognize common-law marriages. Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas.
If you are legally common-law married in Texas, the IRS will also consider you married. To file taxes jointly as a common-law married couple in Texas, both spouses must sign the income tax return. By filing a joint tax return, you are fulfilling the requirement of holding yourself out as married.
However, it is important to note that there are risks associated with filing jointly as a common-law married couple. Once you hold yourself out as married, you are considered married, and if you separate, you will need to get a divorce with all the associated property and support obligations. Additionally, when you file a joint tax return, your tax liability becomes "joint and several," meaning each spouse is responsible for the taxes in full.
If you are uncertain about your marital status, it is recommended to consult a tax professional or family lawyer to determine the exact nature of the laws in your state and ensure you are filing your taxes correctly.
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Tax liability when filing jointly
Texas is one of the few states that currently recognizes common-law marriage for tax purposes. If you are common-law married in Texas, the IRS considers you married.
When filing jointly, you report your combined income and deduct your combined allowable expenses. This can result in a bigger standard deduction, reducing your taxable income. For instance, for most couples under 65, the deduction was $29,200 in 2024, increasing to $30,000 in 2025.
However, there are certain circumstances where filing separately could better serve your financial needs. For example, if you or your spouse had a large amount of out-of-pocket medical bills, filing separately might help surpass the IRS's threshold to deduct these costs. Additionally, if your student loan repayment plan is determined by the income on your tax return, filing separately may keep your payments more manageable.
It is important to note that 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 the IRS can come after either spouse to collect the full amount.
To determine whether filing jointly or separately is best for your situation, it is recommended to prepare the tax return both ways, double-check your calculations, and then compare the net refund or balance due from each method.
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Requirements for common-law marriage in Texas
Texas is one of the few states that recognize common-law marriages. A common-law marriage, if legal in your state, is as valid as any other marriage and can only be ended with a formal divorce.
To be considered a common-law marriage in Texas, the couple must present themselves as married to friends, family, and the community. Filing a joint tax return would fulfill this element. If a couple does not hold themselves out as married, they may need to provide documents such as lease agreements, tax returns, and insurance policies to prove their marriage.
It is important to note that there is no such thing as a common-law divorce. If a common-law couple in Texas decides to split up, they must file for divorce. Within two years of their separation, Texas law presumes the common-law marriage never existed unless proven otherwise.
Additionally, when a couple files a joint tax return, they become jointly and severally liable for any taxes owed. This means that each spouse is responsible for the taxes in full.
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Amending previous tax returns
Texas is one of the few states that recognize common-law marriages. If you are legally common-law married in Texas, the IRS will also consider you married. Filing a joint tax return would be proof of your marriage.
If you filed your taxes as single in previous years but are now considering amending your tax returns to reflect your common-law marriage status, you can do so by filing an amended tax return using Form 1040-X, Amended U.S. Individual Income Tax Return. You can use tax software to electronically file your 1040-X online, but not all software supports e-filing of amended returns for years other than the current one. For older tax years, you may need to prepare a paper return and mail it to the IRS. You can file up to three amended returns for the same year.
When filing Form 1040-X, you will need to submit all the same forms and schedules as you did when you filed your original Form 1040, even if you don't have any adjustments on them. You will also need to file Form 8879, IRS e-file Signature Authorization, with your 1040-X.
Column A of Form 1040-X shows the numbers previously reported on your tax return. Column B shows how the amounts from your original return need to increase or decrease, and Column C shows the correct amount. In Part III of Form 1040-X, you will need to provide a clear explanation for your reasons for filing an amended return.
It is important to note that you typically must file an amended return within three years from the original filing deadline or within two years of paying the tax due for that year, whichever is later. If you amend a return for tax years 2021 and later, you can request your refund by direct deposit. However, if you filed your original return on paper, you will need to submit a paper version of Form 1040-X and will receive a paper check.
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Frequently asked questions
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. Common-law marriage is recognized in only a few states, including Texas.
If you are in a common-law marriage in Texas, you can file taxes jointly. Both spouses must sign the income tax return. However, be aware that if you file jointly, you are both responsible for the taxes in full.
If a common-law marriage ends, the couple must file for divorce. There is no such thing as a common-law divorce, so you must go through the same process as any other married couple to legally dissolve the marriage.
If you are no longer together and want to change your filing status, you will need to amend your previous joint returns to single returns. This process can be complex, so it is recommended to seek the help of a tax professional.
If you are uncertain about whether you are considered married under common law, you should check with a tax professional or a family lawyer. Merely filing a joint tax return is usually not enough to be considered married.
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