Can I file seperate & claim my partners kids if we have a commonlaw marriage license in texas

[chrisserrano77]

Can i file a seperate return & claim my stepsons if i have a undocumented marriage license. My partner claims her other kids 

[seansmom0713]

Hey, and yes you can. Fortunately, Texas is one of the states that recognize common law marriages and will allow a non-biological parent to claim his partner's children as dependents. Of course there are stipulations like the children would have to have lived with you for at least 6 months out of the tax year and if your filing separately then I would suggest you file head of household, and if she gives you no qualms about filing then go right ahead it's well within your right and that's pert Texas state law.

[Opus 17 · Accepted solution]

 What you have to understand first of all is that if you have a common law marriage, then you are married for all purposes everywhere forever, even if you move to another state without common law marriage, unless you go to court and get a real divorce with real lawyers.   This includes filing married tax returns. If you file married for one year, you have to file married for every year until you get a legal divorce. You can't go back-and-forth between married and single depending on what has the best tax advantage. 

 If you are married, either with a formal  marriage or a common law marriage, then either you or your spouse can claim your children or step children as dependents, as long as they meet the other tests of support and residency. 

 However, you must also file using a married status.  Both of you have to file as married filing separately or married filing jointly. You can't file single, and if you've been living together, you can't file as head of household. Filing separately generally has higher taxes, as many deductions and credits are limited or disallowed. 

You should think about filing one joint return with your spouse.

 If you decide to file married filing separately,  then you and your spouse have equal rights to claim biological and step children as dependents. You can divide the dependents anyway you want. Just don't claim the same dependent twice. 

[SweetieJean]

Texas is a Community Property State, so there are special rules for Married Filing Separately.
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