vannun33
Level 2
‎12-06-2019 11:44 PM

I have clients they filed as mfj with their son but they are not legally married to this day. I just found out and I want to know what should I do this year, should I filed only HOH for working person or continue as mfj. I am confuse. 

0 Cheers
rbynaker
Level 14
‎12-06-2019 11:44 PM

There aren't too many states that still allow common law marriage, but it some states, the act of filing an MFJ return creates a common law marriage.

View solution in original post

0 Cheers
rbynaker
Level 14
‎12-06-2019 11:44 PM
Here's what a quick google turned up, which may help you in your research:

http://www.unmarried.org/common-law-marriage-fact-sheet/
0 Cheers
TaxGuyBill
Level 15
‎12-06-2019 11:44 PM
But then they would be legally married.   :smile::smile:
0 Cheers
George4Tacks
Level 15
‎12-06-2019 11:44 PM

Explain to them that the prior years are incorrect and offer to file amended returns for the open years. The decision is up to them.

For the current year, YOU must file a correct return. You say "working person" which hints that one of them does not work. Possibly you can file HOH with the child and the non working person.


Answers are easy. Questions are hard!
0 Cheers