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Additional Details
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ShawnieLovins21 | If two individuals are not legally married can they file under the married filing joint status? |
Federal income taxes. There are some couples that I know that are married in their religion and they live together but they haven't legalized their marriage in California (the state they reside in) as long as they are consistent with their filing status, can they file jointly?
Additional Details
Please elaborate. |
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Judy1
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No, you can only file a joint return if you are legally married, which means according to the law, not just within your religion. |
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Brian J
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If you are considered married for the whole year, you and your spouse can file a joint return, or you can file separate returns.
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:
- You are married and living together as husband and wife.
- 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.
- You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.
- You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced. |
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Audrey A
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Since California does not recognize common law marriages, then they may only file as "single" until they are legally married. |
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src50
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No. |
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notaperviemusculargent
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The only way is if the local government has ruled that there is a common law marriage. If a woman and a man have lived together for years, sometimes the government says they are married in a "common law" arrangement. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.
For Federal tax purposes, a person does not meet this test if at any time during the year the relationship between you and that person violates local law.
California is one of the 9 "community property" States. If the relationship does not violate the sodomy Statutes, the properties are divided down the middle between the husband and the wife. California is a big mess now because of the "domestic partnership" arrangement. They cannot file as married on their Federal taxes, so California doesn't follow the Federal and allows them to file as "domestic partners" on their California taxes. However, I was reading the California website and there are some things they are not entitled to which generally causes their income tax liability to be higher. |
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answer machine
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NO! Think about that question? |
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eldon
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People don't understand what a common law marriage is.
A common law marriage is not just a fancy term for shacking up together. In the few states that still recognize common law marriage, it is a legal marriage with all of the same rights and responsibilities as any other marriage. And there is no common law divorce. If you want to end a common law marriage, you have to go through a full blown divorce proceeding.
California does not recognize common law marriage, so it's not an issue.
Also, the federal government does not recognize same sex or plural marriages, even if performed in a state or country where they are legal. |
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Babykicks
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Yes you can definitely. However be careful, I did this living in RI... we were commonlaw married and because we filed jointly by RI law we have to get a legal divorce since we filed jointly. Research your state law about this is my advice.
Also, I wish people wouldn't answer questions if they are unsure. Be assured you can do this. |
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