Can I file a joint return if we're not married but live together in Texas

Forum|Forum|7 years ago
June 1, 2019
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DanielV01

Level 15

It depends. Texas is one of a handful of states that still recognizes common law marriages. Therefore, if you meet the statute of a common law marriage, then, yes, you may file a return as Married Filing Joint.

Remember, though, that this does make you married in Texas, which also puts you under the Community Property Laws. The following website can help you to determine if your relationship qualifies as a common law marriage: http://guides.sll.texas.gov/common-law-marriage

Likewise, this website provides information on TX Community Property Law: https://www.prater-ridleylaw.com/Articles/How-does-community-property-law-work-in-Texas.shtml

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dm888

Level 2

Thanks for your response! In this case, would some sort of election need to be made with the federal MFJ tax return? Or some sort of statement provided?