Sunday, May 9, 2010

Can a person file another person in a common law marriage?

If my grandma was being filed on my mother taxes for about 30 years but my grandma's common law husband said he wants to file her can he do it?Can a person file another person in a common law marriage?
whoever she lived with or paid for her care and support gets to do it.Can a person file another person in a common law marriage?
i am not sure but i would call the irs and ask them to make sure you don't get a fine
In a common law state, then yes they can file as husband and wife..as long as they present themselves that way and live that way. If your mother provides more than half their income, then she has all rights to claim BOTH of them on her taxes. The common law states are Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas and the District of Columbia.New Hampshire has a limited form of common law marriage effective only at death. Texas calls it an ';informal marriage,'; rather than a common-law marriage. If he provided over half of her income, then there is no way your mom can or should claim her mother. Even if they weren't common law husband and wife, if he provided over half her income he can claim her as a ';qualifying other';. If your mom does claim them both, but they still need to file because of other types of income(just to get back what they paid) then they would file with zero exemptions. Basically, the only way your mother could claim your grandmother is if she provided over half her income.
It depends on which state you live in as to what deems common law marriage and who has the primary rights to file for her taxes. Most likely, her ';Husband'; will have rights over anyone else. Call a local Tax Attorney or CPA.

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