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KAR2015
New Member

How do common law marriages file?

If we live in a state where common law marriage is recognized, even though we do not consider ourselves married, how do we file? Also, does it change if we have children together?

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2 Replies
FrankF1
New Member

How do common law marriages file?

If you are married, you and your spouse can file a joint or separate returns.

You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests

  • You are married and living together
  • You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began
  • You are married and living apart but not legally separated under a decree of divorce or separate maintenance
  • You are separated under an interlocutory (not final) decree of divorce.

More information is included below:

https://ttlc.intuit.com/replies/3302320

How do common law marriages file?

If you do not consider yourself married then file single.  Each one individually. 

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