Are u considered common-law as soon as u live with someone?

Question

Are you considered common law as soon as you live with someone and there are children involved even if the children belong to one parent. Or does the standard 12 months to the date apply.
My situation is that I work and paid my regular taxes from work which is usually enough at the end of the year, however my partner and I bought a house September and now live together. This means I'm going to have to pay My children are not his children. Do I have to claim common law for my 2006 Income tax. This makes a huge difference to me if I don't have claim him, if I do I'll be paying alot this year even if he wasn't living with me for most of the year.
Also How does someone live as a couple in my situation live together and never claim together and get away with it, while researching for this answer I found out alot and I mean alot that don't and never have claimed together for years. I also know some who have gotten caught how is that fair for some.

Answer 1

Been with my gal for just over 15years, unmarried. We have a child together and have always filed separate - she gets about 2k more back from earned income credit for our child then i have to pay so it works out ok, for us.

My state dropped common law about 10years ago though. Before we dropped it it was that you had to be living together for 7 years before common law kicked in.

Answer 2

C/L is after 6 months of co-habitation.

Income tax laws are different than property laws in this regard, but if you're claiming common law, then consult with a tax specialist on what this will mean in your case.

You can still claim single, even if you're married. If both parties are working, then one claims the children, the other may claim the spouse. It all depends on income levels.

When in doubt, check it out - with someone who specializes in this. HR Block are fast, cheap and credible.

Answer 3

It really depends on where you live. In Florida, there is no "common law". If your state is a common law state, you can always file married filing single. If in doubt, go to a tax consultant, or just call the IRS help line. You do not want to mess around with tax fraud. Your best bet would be to call and ask the IRS. It wont cost you anything, and they should be able to tell you the answers to all your questions.

Answer 4

There is no standard as common law marriage rules are state by state and most states have abloished common law marriage...check your state's laws.

You don't qualify for common law marriage even in a state that allows it as less than 6 months is not nearly enough.,..most states want years of living together and other acts.

Answer 5

We need to know what state you live in to answer your question. You could live together for 20 years in my state and never have a common law marriage. My state does recognize common law marriages entered into in other states validly, however. Not every state recognizes the concept of common law marriage.

Answer 6

most states don't even recognize common law..if they do there are years you need to live together before you could be considered common law..which i don't think the fed gov recognizes period..
you don't claim him,your not married..and i don't recall seeing anything common law on my tax return..
however you could claim head of household with 2 qualifing children..one of you will need to claim the house,i think you should with the other deductions you could make out..

Answer 7

I think it varies from state to state. I live in WV and I know that you have to live with someone for 7 years before you are considered common law.

Answer 8

In most state yes but remember this that person can married someone else