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To file taxes jointly, you generally must be married. However, some states recognize so-called "common law marriages,"and allow couples to file their taxes together. Check Out: A Look at Tax Filing...
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
The U.S. Supreme Court ruled that a similar statute allowing spouses to elect a community property system under Oklahoma law would not be recognized for federal income tax reporting purposes. [7] The Harmon decision should also apply to the Alaska, Florida, Kentucky, and Tennessee systems for income reporting purposes. [8]
Indiana (all local taxes reported on state income tax form): All counties; Iowa (all local taxes reported on state income tax form): Many school districts and Appanoose County; Kansas: Some counties and municipalities (interest and dividend income; reported on separate state form 200 filed with the county clerk) Kentucky:
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To qualify for marital deductions the couple must be married. This includes same-sex marriages. If a same-sex couple is married, but resides in a state that does not recognize same-sex marriage the marital deduction will still apply, so long as the couple is legally married in a state that permits same-sex marriage. [19]
The SSA recognizes a valid common law marriage in the same way as a traditional marriage. You just need to ensure that your common law marriage is established according to the laws of your state.
Generally, couples marry into some form of community of property by default, or instead contract out under separation of property or some other regime through a prenuptial agreement passed before a civil-law notary or other public officer solemnizing the marriage. Many civil law jurisdictions also have other established systems of dividing ...