can you file jointly or married if you are common law married i live in texas?

Question

but i receive food stamps and medicaid from the govt i state that i am single he moved in with me 8 months ago

Answer 1

Yes, you can file "married joint" in any state that recognizes common-law marriage as marriage, provided you meet the common-law requirement, and I don't think 8 months qualifies.

You're going to have the appearence of fraud if you try to be single to some agencies and married to others. You are one or the other, not both, and you have to claim consistently with everyone you do business with, not just agency to agency but year to year, as well. (If you claim married one year, single the next and married again, prepare to be audited.)

You're also going to look funny if your live-in mate claims single and you claim married. This will happen as soon as you try to file joint and he tries to file single to get his withholdings back.

Do yourself a favor: if you want the status, go down to the courthouse and pay your $35. Take your cat to act as a witness. The penalties for fraud are considerably higher and are at times applied to people who had no intent to lie but did anyway.

To be "married", you only need to be married on the last day of the year.

Answer 2

If your state of residence allowed common law marriage at the time you established yours, then you're considered married by the IRS and yes, you can file jointly.

But you would also be considered married by the welfare department, so you could be in big trouble there for telling them that you're single. Could result in having to pay back the benefits, and possibly in prosecution including jail time.

But also be aware that a common law marriage requires more than that you just live together. The following is a summary of Texas rules, from Wikipedia:

"Texas
Common-law marriage is known as an "informal marriage," which can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. While in the actual wording of the law there is no specification on the length of time that a couple must cohabitate to meet the second requirement of the 3-prong test, it is understood within Texas law that cohabitation must occur for an extended period of time, usually two years, but in certain cases where the situation is more complicated and other factors are involved, three years can be the requisite time period. However, if a couple does not commence a proceeding to prove their relationship was a marriage within two years of the end of their cohabitation and relationship, by law the marriage never existed in the first place, and no agreement to be married was ever present. (Obviously the wording can cause complications because cessation of relationship and cessation of cohabitation are not mutually inclusive — thus, the law is vague and interpretable.) See Texas Family Code Sec. 2.401."

So you might or might not fit the definition for common law married. If you don't, you're OK with the welfare department, except that you probably are required to report your boyfriend moving in with you. But if you don't meet these requirements, you are not allowed to file jointly.

If you claim married where it benefits you and single where it doesn't, you're setting yourself up for trouble.

Answer 3

Yes, if you are in a common law marriage in Texas and live with your spouse, you must file married filing jointly or married filing separately. With that said, you need to consider whether you truly are or are not in a common law marriage.

Once you file your tax return as a married person, should you later change to filing single or head of household, the IRS can require you to provide a divorce decree to prove that you are no longer married. Once married (even "common-law), the marriage is valid until a divorce occurs.

Answer 4

Yes, you can file federal tax return as joint return. "You are considered married for the whole year if you are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began." Texas does not have state income tax so you do not file Texas tax return.

Answer 5

Hello there.Let me help you.
A taxpayer is considered married if, at the end of the tax year, he is in a common law marriage that is recognized in the state where the couple is residing or was at the time recognized by the state where the common low marriage began.

Answer 6

I believe it takes 7 YEARS to be common law married. You seem to be contemplating fraud. Be careful.

Answer 7

In Texas what you are doing is fraud and abuse of the welfare system.

Answer 8

no i live here.