California Common Marriage For Tax Purposes
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FAQ
What is Married Filing Jointly? Married taxpayers who choose to file a joint return will use one return to report their combined income and to deduct combined allowable expenses. Married taxpayers can select this status even if one of the spouses did not have any income or any deductions.
You usually must be married to file together. However, if you are non-married but want to file a joint return, it is possible you can use married filing jointly if you're considered married under a common law marriage recognized by either of these: The state where you live. The state where the common-law marriage began.
Texas is one of a handful of states that still recognizes common law marriages. Therefore, if you meet the statute of a common law marriage, then, yes, you may file a return as Married Filing Joint.
Only some states recognize common-law marriages. Importantly, California does not have a common law marriage law. This means that a couple won't be considered legally married no matter how long they've lived together in the state of California.
Common-law marriages have three basic features: (1) A present agreement to be married, (2) cohabitation, and (3) public representations of marriage. taxpayer and the taxpayer's spouse are currently domiciled in a state that requires a ceremony to establish the marital relationship.