Texas, common law married, she was dependent on previous taxes for 9 years. She had income less then $4000 this year. Can we file married jointly this year?

[jlangley1129]

We qualify as common law married in Texas.  We have shared credit and she uses my last name.  She’s been a dependent on my taxes for years.  She has income this year can we file married jointly?  Here’s where it gets tricky..she was still legally married but separated for over 15 years.  Her husband passed away this year.  How should I file?

[fanfare]

if you both openly profess to be married in all public dealings,

you are married and you can file MFJ.

[SweetieJean]

Did her husband pass away in 2020, or in 2021?  You would not have had a Common Law Marriage if she was still legally married to someone else.   Texas is a Community Property State, so half of her husband's income all those years could have been inputted to her, making her ineligible to be your dependent. You two really need to see an attorney.

[jlangley1129]

He passed away in 2020.  I don’t think he filed claiming her because she has been listed as dependent on my taxes for 9 years and my returns haven’t been kicked back.