Unmarried couple in California - File Jointly?

Question

We have been living together for 3 years. My girlfriend earns substantially less than I. Can we file jointly?

The IRS site states that:

"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.

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. ..." Does this prohibit us from stating that we are married? I know california has a domestic partner registry but I don't know if this is the same thing as 'common law marriage'. Any help greatly appreciated.

Thanks

Moderator: What prohibits you? Integrity and Comon Sense. Integrity needs no explanation. But common sense may. When you sign that tax return, under penalty of perjury, stating you are married, you are setting yourself up. If you want to end the relationship, she can use that return as evidence of a common law marriage and put you through a divorce! How can she get away with that? She'll find an attorney to figure out the story and you're only out will be to admit on the record that you committed perjury. And then the IRS will have you stone cold. ;)

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Bill Brown · Accepted Answer

Based on the facts you presented you are not married underCalifornia law. Therefore you cannot legally file a U.S. taxreturn using the status of married filing jointly.

Frederick Lorca · Answer

No.STATES THAT RECOGNIZE COMMON LAW MARRIAGE:Only a few states recognize common law marriages:AlabamaColoradoGeorgia (if created before 1/1/97)Idaho (if created before 1/1/96)IowaKansasMontanaNew Hampshire (for inheritance purposes only)Ohio (if created before 10/10/91)Oklahoma (possibly only if created before 11/1/98.Oklahoma's laws and court decisions may be in conflict aboutwhether common law marriages formed in that state after11/1/98 will be recognized.)Pennsylvania (if created before 1/1/05)Rhode IslandSouth CarolinaTexasUtahWashington, D.C.THE MYTH:  There is a common misperception that if you livetogether for a certain length of time (seven years is whatmany people believe), you are common-law married.  This isnot true anywhere in the United States.For more information, go to:"Common Law Marriage Fact Sheet" LorcaModerator:  I believe our colleague Mr. Lorca means States that  sanction the formation of common law marriages.  All  states recognize common laws marriages from...

Stuart A. Bronstein · Answer

No.  Are you official domestic partners?Which you are not.There is no common law marriage in California, though thosemarriages that are created in other states are recognized. No, domestic partnership has nothing to do with common lawmarriage. Stu

Katie · Answer

No. No common law marriage in California. However, if you and your partner register as domestic partners, you will be REQUIRED to file as married (jointly or separately) in California for 2007. Katie in San Diego

Herb Smith · Answer

Living together is not marriage, and California does not recognize "common law marriages" (unless initiated elsewhere). To sign the tax return as "married" when you are not is perjury. Grow up and quit playing house.

John D. Goulden · Answer

California does not recognize common-law marriage, so as far as the State of California is concerned, you aren't married and can't (at least not legally) file a joint return for your state taxes

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Federal government recognizes common-law marriage onlyif the state recognizes it (IRS Publication 17 page 20,

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so you can't filejointly for your Federal taxes, either. IANAL

-- John D. Goulden

Gil Faver · Answer

California is not a common law marriage state.

brownie · Answer

Common law marriage is recognized only in the following states: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Pennsylvania, Rhode Island, South Carolina and Utah

Mark Bole · Answer

California does not provide for common law marriages (since your subject line mentions California). So unless you were previously married under common law in some other state, the answer is: "no". Why do you want to file jointly? Is the tax savings so great? There are several tax benefits that favor MFJ status, but without dependent children, I suspect you are eligible for none of them.

-Mark Bole

parrisbraeside · Answer

If you want to claim as married, why don't you take out alicense, book a date and send out the wedding invitations. I would also ask the girl.

Unmarried couple in California - File Jointly?

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