Can I claim my spouse even if we are not legally married? She doesn't work and stays home with our daughter. We have been living together for 3 years?

[IsabellaG · Accepted solution]

You may be able to claim her as a dependent, but you can't file a joint return with her if you aren't legally married. 

 You may be able to claim her if:

• You provided more than half of her support.
• She made less than $4,050 in gross taxable income. 
• She lived with you for the entire year.
• She isn't a dependent on someone else’s taxes.
• She isn't filing a joint return with someone else.
• She is a U.S. citizen, resident alien, national, or a Canadian or Mexican resident. 

ISee Rules for Claiming a Dependent  under Qualifying Relative.

[Hal_Al]

You may be able to file as Married Filing Jointly if you live in a state that recognizes common law marriage. Currently, the following jurisdictions recognize common law marriage:
 Colorado
 District of Columbia
 Iowa
 Kansas
 Montana
 New Hampshire
 Oklahoma
 Rhode Island
 South Carolina
 Texas
 Utah
Alabama (2017), Georgia(1997), Idaho(1996), Ohio(Oct. 1991), and Pennsylvania(2005) are grandfathered for the marriages before the year indicated. Living together in a common law state is usually insufficient - you need to hold yourself out as married including owning property together, having joint bank accounts, etc. To find out your state’s rules see:
<a rel="nofollow" target="_blank" href="https://en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States">https://en.wikipedia.org/wik...>

[aestrada068]

She qualifies for all of the above mentioned