How do I file?!

[Angeloflife9]

So last tax year 2018 I filed with my then girlfriend.  Our tax preparer at H&R block suggested we file as married so we did.  Unknowingly to us that meant we were now common law married.  I am now trying to file this year and we have seperated.  We have two children 8 months and 5 years old.  Do to lack of funds we haven't gone to a court but have made agreements on our own.  She has been unable to move out of the house I own because she has no family living close and she has no job do to a disability which she is not recieving disability for.  

So..

·we are separated

·we have two children

·she still lives with me to care for children while I am working

How do I file?  I don't want to be held responsible for her student loans, and I dont want to wait the 8-14 weeks for my return with the injured spouse and she refuses to file separately.

[macuser_22]

Only a few states recognize common law marriages and each has its own requirements.   If you live in one of those states and are actually common law married then it is the same as any other marriage and only a divorce can end it.

However, just filing a tax return is not being common law married  there are usually many other requirements   depending on the state.   It would be tax fraud if not actually married to file a joint tax return.  You might have a case against a tax firm that gave such advice. 

If you think that you are, in fact, common law married then I suggest that you consult a family law attorney for help.

Un-doing such an "invalid" joint tax return is not simple and requires professional help since the IRS must declare the return invalid and then submit new single tax returns.   You cannot simply amend to do that.

I suggest consulting a tax professional or tax attorney that is familuar with the procedure (not many are because it is rarely used and buried in the IRS manuals).

[Angeloflife9]

We live in Iowa and we did fall under the common law marriage requirements.  I'm just trying to find out if there is any way for me to file HOH even with her still living with me.  We do not share a room and she is in the process of aquiring her own checking account and qhen she can she pays the internet bill which is in her name.  The house, vehicle and all other bills are in my name however.  I hate to say it but she is more of a live in nanny at this point. 

[macuser_22]

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@Angeloflife9 wrote:

We live in Iowa and we did fall under the common law marriage requirements.  I'm just trying to find out if there is any way for me to file HOH even with her still living with me.

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Sorry, but no.   You would have to have lived in totally separate households for the last 6 months of 2019 to filr HOH.

But if married why not just file jointly which is better tax which than HOH anyway.