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How do my boyfriend and I file taxes under common law?

We have been together for 8 years and share a mortgage for the past 5 years.
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4 Replies

How do my boyfriend and I file taxes under common law?

What state are you in?  There are only a few states that recognize common law marriage.

 

STATES THAT RECOGNIZE COMMON LAW MARRIAGE

CO, DC, CO, IA, KS, MT, OK. RI, SC, TX, UT

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do my boyfriend and I file taxes under common law?

Tx

How do my boyfriend and I file taxes under common law?

How to start a new joint return

 

When you enter your own information in My Info, you have to answer the question "Were you married?"  If you click the button for Married, then a drop down will appear that asks, "Do you want to file this return together with your spouse?"  Then you choose yes to file a joint return.  You would then enter your spouse's information into Personal Info.  Whenever you are entering income information there should then be a spot for you and for your spouse's income information.

When you prepare a joint return you include all the information for both spouses on the SAME tax return.  Include all of your personal information, all of your income from every source, all dependents (if any), all credits and deductions for both of you.  You get ONE refund with both names on it.

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do my boyfriend and I file taxes under common law?


@nirvmetal2013 wrote:

Tx


OK, before you file jointly, you need to know some things about common law marriage.  

 

To be married under common law in Texas, you must live together as if you were married, you must act as if you were married, you can't be married to someone else, your marriage can't be illegal, and you must hold yourself out to other people as being married.  In other words, you must tell other people you are married.  That could be simple, like checking into a hotel as Mr. and Mrs. Smith, or you could get announcements, have a party, etc.  There may be a way to register a common law marriage with your county clerk's office but this only helps to prove there is a common law marriage, it is not required to register.

 

Once you have a common law marriage, you are fully married, for all purposes, in all states of the US, forever, unless you get a real divorce with a real judge and attorneys.  Common law marriage is not something you and turn on and off like a light switch.

 

If you believe you have a valid common law marriage, then simple prepare your tax return, add one person's name, choose "married", and add the other person's name.  If you have previously used Turbotax as single persons, it will be best to create a new account and start fresh, because copying from an old account can cause problems when your marital status changes. 

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