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Yes, your marriage has to be legally recognized, but some states have common law marriage where you're recognized as legally married without a marriage license. If you became legally married in a common law state, your marriage is recognized federally. It is also recognized by other states that don't have common law marriage if you move to another state after establishing a common law marriage. As long as your common law marriage remains valid and you haven't separated, you can file jointly for federal and state tax purposes.

It appears that the following states have common law marriage laws: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah, and Texas (and the District of Columbia). If you established a relationship in one of these jurisdictions, you'll want to see if you have a legal marriage under the area's common laws.

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Q: Do you have to be legally married to file taxes jointly?
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Related questions

Does a married couple have to file taxes together legally?

No, you can file married filing jointly or you can file married filing separately


How long does a couple have to be married to file taxes jointly?

There is no time limit. If you are married during the tax year, you can file jointly.


Are you common law married if you file taxes jointly?

no


When two people get married do they have to file taxes jointly?

no you can file seperately.


Do married people have to file taxes jointly?

No. MFJ or MFS.


How do you file your income tax married jointly?

You can file your federal taxes jointly if you are married. Even if your spouse is unemployed, filing jointly means he or she is still responsible for any outstanding taxes due should you not pay.


In Pennsylvania can you file federal taxes married filing jointly and can you file the state and local as married filing separately?

yes.


How long must you be married in order to file taxes jointly?

If you are married when the tax year closes, you can file jointly. For most taxpayers, that means if you are married at 11:59:59 p.m. on December 31, you can file jointly, even if you've been married for less than a second.


Do you have to be married six months to file your taxes married jointly?

No. You can file based on your marital status as of December 31st of the tax year.


Can you file your IRS taxes jointly if you are not married in North Carolina?

I don't think you can file jointly with a non spouse, however if one of you is not working, can be a dependent of the other.


I just got married in 08 do i have to file my taxes jointly can i file separate from my husband i am afraid if i file joint i won't qualify for eic?

You can file as "married filing jointly". However , I don't know how being married may yet effect EIC.


Can you file your taxes jointly if you are not married?

The available filing statuses for federal income tax returns are: Single Married Filing Jointly Head of Household Married Filing Separately Qualifying Widow or Widower No, there is no filing status for Single Filing Jointly.