"Perseus" <hollywoods...[at]gmail.com> wrote:

- quote -

If you want to claim as married, why don't you take out a
license, book a date and send out the wedding invitations.
I would also ask the girl.

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Perseus wrote:

- quote -

California does not provide for common law marriages (since
your subject line mentions California). So unless you were
previously married under common law in some other state, the
answer is: "no".

Why do you want to file jointly? Is the tax savings so
great? There are several tax benefits that favor MFJ
status, but without dependent children, I suspect you are
eligible for none of them.

-Mark Bole

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"Perseus" <hollywoodsign[at]gmail.com> wrote:

- quote -

California is not a common law marriage state.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

"Perseus" <hollywoods...[at]gmail.com> wrote:

- quote -

Common law marriage is recognized only in the following
states:

Alabama, Colorado, District of Columbia, Iowa, Kansas,
Montana, New Hampshire (for inheritance purposes only),
Oklahoma, Pennsylvania, Rhode Island, South Carolina and
Utah

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- quote -

California does not recognize common-law marriage, so as far
as the State of California is concerned, you aren't married
and can't (at least not legally) file a joint return for
your state taxes
http://www.cadivorceonline.com/calpa...awmarriage.asp).
The Federal government recognizes common-law marriage only
if the state recognizes it (IRS Publication 17 page 20,
http://www.irs.gov/pub/irs-pdf/p17.pdf) so you can't file
jointly for your Federal taxes, either.

IANAL

--
John D. Goulden

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"Perseus" <hollywoods...[at]gmail.com> wrote:

- quote -

No. No common law marriage in California. However, if you
and your partner register as domestic partners, you will be
REQUIRED to file as married (jointly or separately) in
California for 2007.

Katie in San Diego

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"Perseus" <hollywoods...[at]gmail.com> wrote:

- quote -

Living together is not marriage, and California does not
recognize "common law marriages" (unless initiated
elsewhere). To sign the tax return as "married" when you
are not is perjury. Grow up and quit playing house.

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"Perseus" <hollywoodsign[at]gmail.com> wrote:

- quote -

No. Are you official domestic partners?

- quote -

Which you are not.

- quote -

There is no common law marriage in California, though those
marriages that are created in other states are recognized.

- quote -

No, domestic partnership has nothing to do with common law
marriage.

Stu

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- quote -

No.

- quote -

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98.
Oklahoma's laws and court decisions may be in conflict about
whether common law marriages formed in that state after
11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

THE MYTH: There is a common misperception that if you live
together for a certain length of time (seven years is what
many people believe), you are common-law married. This is
not true anywhere in the United States.

For more information, go to:

"Common Law Marriage Fact Sheet"

http://www.unmarried.org/common.html

Frederick Lorca

Moderator:
I believe our colleague Mr. Lorca means States that
sanction the formation of common law marriages. All
states recognize common laws marriages from States that
sanction them.

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Based on the facts you presented you are not married under
California law. Therefore you cannot legally file a U.S. tax
return using the status of married filing jointly.

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We have been living together for 3 years. My girlfriend
earns substantially less than I.
Can we file jointly?

The IRS site states that:

"Considered married.
You are considered married for the whole year if on the last
day of your tax year you and your spouse meet any one of the
following tests.

1. You are married and living together as husband and wife.

2. You are living together in a common law marriage that is
recognized in the state where you now live or in the state
where the common law marriage began. ..."

Does this prohibit us from stating that we are married? I
know california has a domestic partner registry but I don't
know if this is the same thing as 'common law marriage'.

Any help greatly appreciated.

Thanks

Moderator:
What prohibits you? Integrity and Comon Sense.
Integrity needs no explanation. But common sense may.
When you sign that tax return, under penalty of perjury,
stating you are married, you are setting yourself up. If
you want to end the relationship, she can use that return
as evidence of a common law marriage and put you through
a divorce! How can she get away with that? She'll find
an attorney to figure out the story and you're only out
will be to admit on the record that you committed perjury.
And then the IRS will have you stone cold.

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