What is my filing status? My girlfriend of 10 years and I live together,and have 2 kids she doesn't work. Am I head of household?

[pmariaj1997]

We filed married filing jointly back in 2012, she hasn't worked since 2013 I pay all household cost. Do I qualify as head of household? Or married filing jointly. Is it really a big deal which one I choose?

[macuser_22]

You cannot file a joint return unless you are legally married.  To do so, is a fraudulent tax return.  You should amend 2012 to single tax returns.

HOH depends if the children are your children or not.  You must have a related dependent to claim HOH.

[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:  Alabama (if entered into before 1-1-2017)  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="http://family.findlaw.com/marriage/common-law-marriage-states.html">http://family.findlaw.com/marria...>

[pmariaj1997]

That's how our tax preparer told us to file in 2012 (mfj), we live in Texas.
I filed Hoh this year but I wasn't sure if that was a mistake and I should have filled mfj.
Am I still able to amend if it's been over 3 years?

[Hal_Al]

If you were legally allowed to file as Married Filing Jointly (MFJ) when you did so, in 2012, you must continue to file as MFJ. You cannot switch back and forth between single or HoH.

But, if you don't qualify for MFJ, you do qualify for HoH if one of your dependents is a blood relation

[macuser_22]

Being common law married requires more than just living together and filing a joint return.  It must comply with  the laws of your state.  If you are legally common law married then it is the same as any other marriage and can only be ended with a divorce.

You said in your question "my girlfriend" so I was assuming that you do not consider yourselves to me married.  

Under Texas law, to have a common law marriage, you must do three things:

(1) Agree to be married
(2) Live together as husband and wife, and
(3) Told others (hold yourselves out) that you are married.
<a rel="nofollow" target="_blank" href="http://statelaws.findlaw.com/texas-law/common-law-marriage-in-texas.html">http://statelaws.findlaw.c...>

I suggest that you consult an attorney to be sure is you meet the legal requirements.

[pmariaj1997]

We actually do call each other husband/wife and we wear rings but we never actually got married, no joint bank account, we have lease agreements together if that counts. Is it possible to be common law married and not even know it? When I filed on turbo tax it told me they suggest me filing as hoh so that's what I did.

[macuser_22]

We cannot give legal advice.  Actually being married is a life altering event.  If married you file a joint return - if not married you file single and fix the prior joint return.   (BTW: you asked: "Am I still able to amend if it's been over 3 years?"   Yes, the 3 year limit is to file an amended return for a refund - there is no statute of limitations for an improperly filed joint return.)

 If not married, you can file HOH if you are the child's parent.

Again, I suggest you seek legal advice.