can you file married if your common law?i live in texas i have been living with my babys father for 6 years?

Question

he owes the ors 800 dollars and i have always claimed my daughter and got a refund this year i won $1000 from a contest and make a little bit at work b.c i got to school meaning like 21,000 dolalrs a year...i never stopped claiming her and out of my chceks they only take out 88.99 17.69 being federal do i still have to file single if he claims her? or can i file otherwise

Answer 1

With regards to common law marriage and the IRS, federal law defers to state law (i.e., Texas law) in this case. You and your "baby's father" will be able to file Married/Joint if you have a valid Texas common law marriage

To have a common law marriage in Texas, you must meet three requirements: you must agree to be married, hold yourselves out as married, and live together as husband and wife. Referring to your husband as "my baby's father" is an indication that you do not currently have a common law marriage.

Answer 2

Richard apparently has not actually READ what the IRS considers married.

According to the IRS, you are considered married if you meet the tests below:

Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.

1.

You are married and living together as husband and wife.
2.

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.
3.

You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.
4.

You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

If Texas recognizes you as married under common law, you are REQUIRED to file as either married filing jointly, or married filing separately. Filing as single would actually NOT be an option.

Answer 3

Yes.

"Married" under the Federal income tax rules refers to any two people "sharing a household".

If you and he are living together and sharing costs as if you were a married couple then you CANNOT legally file as single - whether your State recognizes common law marriage or not.

The IRS doesn't care about the legality of your situation, only the financial aspects. If you finances are tun as if you were married then, as far as the IRS is concerned, you are.

Richard