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In texas we have the "common law marriage" thing .. so i was wondering if i could file my income tax as married or should i just claim myself? Which one would be better?

2007-01-17 18:15:42 · 4 answers · asked by vwdelrio 2 in Business & Finance Taxes United States

4 answers

If your state recognizes common law marriage, then you can file Married, Filing Jointly. This will usually give you the greatest return.

2007-01-18 00:32:43 · answer #1 · answered by anr 3 · 0 0

If you meet the rules to be considered married by Texas common law, then you file as married. If you don't meet those rules, then you don't file as married.

The rules for Texas, from Wikipedia, are as follows:

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

2007-01-19 01:43:32 · answer #2 · answered by Judy 7 · 0 0

Go to www.irs.gov and you can find out. I am thinking that you can file head of household if you earn the majority of money and pay most of the household payments. But I am not sure. Taxes change so much and it is all so confusing at times. Figure the taxes out with both and single and see which way is best for you. Good luck...

2007-01-18 02:39:24 · answer #3 · answered by Debbie H 3 · 0 1

i would claim myself.

2007-01-18 02:20:37 · answer #4 · answered by mslltaylor 2 · 0 0

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