Question:
Filing income tax as common law?
Georgia
2011-06-17 06:19:09 UTC
Me and my spouse have been living together for 2 years, but we have always filed our income tax as 'single', and I want to get some opinions on if we should file as common law.

When it comes to money, we live like roommates. We have separate bank accounts, we split rent/oil/cable down the middle and we rotate buying groceries every week. We know how much each other makes, but otherwise don't share financial information. All my accounts and such are in my name, and his are in his name. We also have other room mates that live with us too.

Financially, for all intents and purposes, we are single. But i know we're supposed to file income tax as common law if we live together, but would we be considered common law financially? Not sure how much sense im making but any help would be great.
Five answers:
Fred S
2011-06-17 18:35:08 UTC
Let's cut to the chase. Are you two having sex?



If so, you are in a common-law relationship and MUST (it's not an option) file your returns with that marital status.
LaLa
2011-06-17 13:44:25 UTC
You referred to him as your spouse and boyfriend and say that you have been living together as boyfriend and girlfriend for two years.



You are common law and must file as such.



Many couples have their own accounts and split the household expenses. That's what people in a relationship do. My husband and I share the bills too... but we are definitely NOT single.



You say that you live as single roommates. Does that mean that all you share are the bills? Do you share a room? Does he get extra benefits that your other roommates don't get? If you have been living in a conjugal relationship for at least 12 consecutive months, you are considered common law.



EDIT: I think you misunderstood me. Maybe I should have put "benefits" in quotation marks. I understand that you split the bills. My husband and I split the bills too.... but we sleep in the same bed and share a LOT more than we would with another "roommate". Do you share a room with your spouse? Are you having sex? Are you in a relationship? You are COMMON LAW. It doesn't matter how you manage your financial obligations. If you are living together in a relationship, you are common law and MUST file as such.
George
2011-06-18 07:54:10 UTC
If we're talking about Canada and marital status for tax purposes, if you have been living together in a conjugal relationship for over 12 months as of December 31 then you are common law married in that year and should be filing that way.
anonymous
2011-06-17 06:35:39 UTC
1. Common law marriage is not recognized in all places

2. Even in the places that have it, living together like roommates, isn't sufficient. You must hold yourself out as man and wife or spouse and spouse. There is no "common law financially."



3. TALK TO A LAWYER before assuming you can/should file as MFJ. Once you ARE common law married, you have to get a real divorce to terminate it.
?
2016-11-19 11:09:31 UTC
Many states no longer understand user-friendly regulation marriage--it is form of of a fossil from the days earlier infant help. On good of this, few couples do plenty better below married status with out babies. So, my wager is which you're at an advantage submitting separatley. except you have a reason to have self assurance you pays a decrease tax as a married couple, do no longer subject approximately it.


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