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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.
You can claim a boyfriend or girlfriend as a dependent on your federal income taxes if that person meets certain Internal Revenue Service requirements. To qualify as a dependent, your partner must have lived with you for the entire calendar year and listed your home as their official residence for the full year.
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.
Tax Benefits: Common law status entitles you and your spouse to claim certain tax deductions that apply to married couples. For example, if you own a home together and file a joint return you could claim a deduction for mortgage interest.
Common law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. If the taxpayers later move to a state which does not recognize common law marriages, they are still considered married for federal income tax purposes.