Common Law Marriage and Taxes: Everything You Need to Know

Common Law Marriage and Taxes: Everything You Need to Know

Common-law marriage has been practiced in the United States since the 1870s. The rules are still applied to any unmarried couples living together that meet certain conditions. If you’re thinking of moving in with your partner, that’s great. However, there are definitely some things you need to be aware of before you start pooling assets or sharing debt. This article will familiarize you with the legal and financial aspects of common-law marriage. In particular, your annual income tax returns will look quite different than they used. The good news, though, is that common-law partners can often save money by filing a joint return.

What Is Common Law Marriage?

When a couple lives together for a while and presents themselves as a married couple to their family, friends, and community, the relationship is a common-law marriage. In this form of relationship, a formal wedding ceremony doesn’t take place. The couple is not issued a marriage license.

To most people, common law marriage may appear to be an archaic form of marriage. However, it exists in various forms across ten states and the District of Columbia. Five additional U.S. states practice common law marriage, but with some restrictions.

There are certain requirements a couple needs to meet to validate a common-law marriage. These requirements apply to most of the states where it is practiced. They may vary slightly from place-to-place, but common requirements include the following: