QUESTION
Is filing taxes together considered common law marriage?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
If my husband and I filed taxes together, is it considered common law marriage?
8 ANSWERS
John Arthur Smitten
FL does not recognize common law marriage.
Answered on Mar 11th, 2013 at 8:36 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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It's a factor but only if you live in a state that recognizes common law marriage, e.g., California does NOT recognize common law marriages.
Answered on Mar 11th, 2013 at 7:42 PM
It could be seen as one indicator. Do you use the same name? Do you hold yourself out to all as being husband and wife? Do you own property together, have joint accounts together, carry the other on insurance. Establishing a common law marriage is almost always based ona combination of factors.
Answered on Mar 08th, 2013 at 7:48 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Not necessarily. The existence of a common law marriage depends on a conclusion drawn from examining all of the relevant facts to determine what both parties intended in their relationship. There are no single rules and a definite answer to whether or not there is a common law marriage can only be provided by a judge in a court case where the issue is in dispute.
Answered on Mar 08th, 2013 at 12:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No.
Answered on Mar 08th, 2013 at 12:32 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Maryland does not recognize common law marriages, although D. C. does if you and your partner have held themselves out as a married couple for 7 years or longer.
Answered on Mar 08th, 2013 at 12:32 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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An informal marriage requires 1) an understanding between the parties they intend to be married, 2) living together, 3) holding themselves out to the public as being married. Filing joint tax returns as married and other acts such as joint bank accounts, using married names, etc. are indications of #3. I suggest you hire a lawyer.
Answered on Mar 08th, 2013 at 12:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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There is no common law marriage in California. If you got away with filing joint taxes that has nothing to do with whether you are married or not.
Answered on Mar 08th, 2013 at 12:31 PM