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  1. #1
    NeoRamasay is offline Junior Member
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    Jun 2005
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    Can someone who is married still be claimed as a dependant on their parents taxes?

    This applies in the state of Florida.

    Ok, here's the situation - My Fiance and I have just moved in to an apartment together. I had the apartment for about two months before she could move in with me, so i signed and was approved on the lease for the apartment. Now that she is moved in, due to regulations the apartment complex has on cars and occupants, my fiance would need to be on the lease in order to park her car (when she gets one) inside the complex. She filled out an application to be added to the lease, but was denied due to not having a job that brings in 2x the rent (of which i already can pay comfortably on my own), or being married to me.

    She would get a job, however she does not have a car, and in order to get and keep the car at the apartment, she needs to be on the lease. (Catch 22 anyone?) And jobs within walking distance of the apartments are negligable, unless she was to seek employment by the complex itself, basically.

    We would get married to resolve this (at least "on paper" and have the ceremony later), however, her parents wish to continue claiming her as a dependant on her taxes for the time while she is in college (starting as a freshman this year).

    Hence my question: Can someone who is married still be claimed as a dependant on their parents taxes? Or if anyone else has any suggestions/ideas on possible solutions to this situation, please feel free.
  2. #2
    George1620 is offline Member
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    Quote Originally Posted by NeoRamasay
    This applies in the state of Florida.

    Ok, here's the situation - My Fiance and I have just moved in to an apartment together. I had the apartment for about two months before she could move in with me, so i signed and was approved on the lease for the apartment. Now that she is moved in, due to regulations the apartment complex has on cars and occupants, my fiance would need to be on the lease in order to park her car (when she gets one) inside the complex. She filled out an application to be added to the lease, but was denied due to not having a job that brings in 2x the rent (of which i already can pay comfortably on my own), or being married to me.

    She would get a job, however she does not have a car, and in order to get and keep the car at the apartment, she needs to be on the lease. (Catch 22 anyone?) And jobs within walking distance of the apartments are negligable, unless she was to seek employment by the complex itself, basically.

    We would get married to resolve this (at least "on paper" and have the ceremony later), however, her parents wish to continue claiming her as a dependant on her taxes for the time while she is in college (starting as a freshman this year).

    Hence my question: Can someone who is married still be claimed as a dependant on their parents taxes? Or if anyone else has any suggestions/ideas on possible solutions to this situation, please feel free.
    Not unless shes be financially dependant on them for at least 6 months out of the tax year. If you decide to claim her once you get married and so do the parents im sure the IRS would take care of it if say after you get married and she lives with you and they still try to file they wont get it.

    If you comfortably make enough money for the apartment and theres no way that she could get a job and these are the apartments you really really want to live in and your are planning on getting married for sure , than i would consider getting married if not than i would look for another apartment.
  3. #3
    dallas702 is offline Senior Member
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    First, I would confront the apartment management about their attempt to restrict your fiance's privileges while living there with you. There are Federal laws that prohibit this kind of discrimination. She does NOT have to have a job for her to live there or park there. There is no way they could demand that both occupants of a couple be working and make any more money than it takes one person to pay the rent. Her employment status is totally moot as long as you are accepted and are paying the rent. Are they going to charge you more rent because she is living there? I would hope not. If there are two parking spaces that can be assigned to your apt. they can't refuse you one of them because your fiance doesn't have enough (or any) income. SHE doesn't need a job. In fact, she shouldn't be required to be on your lease at all. Surely there is some mistake by the management here. Tell them she is your student/wife and does not work, and you want a parking place for her.

    Second, once you marry her she should be claimed on your taxes since she is not living in their home. If they are paying for her college expenses they will be sent a form 1098-T from the college for the education tax credit. It really isn't much, though. If she is not working you can file as married-separately, but she will still have to file somewhere. A joint filing will reduce your taxes considerably. I don't think her parents can claim her. What would the status be? The name would be wrong if she takes yours. Go to [url]www.irs.gov[/url] and see if it tells you what the rules are.

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