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  • Common Law Marriage

Should you file taxes based on a common law marriage?

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βˆ™ 2011-09-13 14:06:04

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People can get tax advantages from filing as married filing jointly based on a common law marriage. However, common law marriage has to be recognized by the state you live in (or, if you've recently moved to a state that does not recognize common law marriage but the state you just moved from did, you can claim MFJ for that year). And you both have to present/consider yourselves in public as husband and wife. You should prepare taxes both ways (single/head of household and married filing jointly) to see which benefits you the most.

AnswerNo I would not file my taxes based on a common law marriage. People have all kinds of reasons for getting you connected to them legally when you are not ready for marriage. Do not fall for that trick. In fact, some states do not even recognize common law marriages. Go online and do a Google search for "states that recognize common law marriages". I know states like AK and MS and a whole lot of other states do not recognize common law marriages. What is wrong with filing single. Basically that's what you are if you have not went down to the JOP and said I do. Basically the benefits of common law are someone is getting the benefits of marriage with no real commitment. Look into that very carefully before you start making decisions that legally married couples make it may do you in when you decide you don't want to be in this relationship any longer and it may set you back financially when it comes time to be with someone you really want to marry. Good Luck!

This answer has the tone of hate in it. The answer is so complex it can't be answered here.

Considerations.

Government shouldn't be in the marriage business. Some states recognize this and and that would be the reason for lack of common law marriage laws.

What is wrong with filing single? Obviously someone who doesn't do their own taxes or has no clue what they are talking about. Filing married can be thousands of dollars in your pocket.

Age of relationship dictates common law marriage and that means your finainces are intertwined. so the excuse of "looking for a better deal" down the road is not an answer to this question.

Most would find this to be a similar problem with gay marriage. If the government was out of the business of punishing singles people versus married then there would be no argument for government acknowledgement of gay marriage it would fall on the religion.

2011-09-13 14:06:04
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What is a common law marriage?

* Common Law Marriage is when partners are living together and have not married and registered as a married couple. Still, in some States you are considered married and will pay taxes, etc., as such and if you should terminate the relationship you may have to divide any assets you both have together.


What to consider first while dealing with taxes and a common law marriage?

The first thing to consider when dealing with taxes and a common law marriage is to determine if your state recognizes state law unions in the first place. Currently, eleven states provide for common law marriages and in addition, federal law requires that all states recognize a common law marriage if it was enacted in a state with legal provisions for such a union.


If you are in a common law marriage in Oklahoma should you file taxes as head of household?

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How do you write a letter showing proof of common law?

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Should common law with children file taxes jointly?

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Does filing jointly on tax returns mean you are married under common law?

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Is common law marriage recognized in Washington D.C.?

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