Common Law - Texas question

[ryter]

What is the name of your state? Texas.

My boyfriend and I just recently split up. He moved back to his home state of Mississippi. He had lived here with me in Texas for over 2 years & in that time, we had a child together. When we filed taxes this year, the CPA told us that we are considered common law in Texas & that we would file jointly. I figured that common law was just temporary until one of the parties moved out of the home.

Recently, I talked to a family friend (a lawyer in the state of texas) who says I now have to get a divorce since we filed jointly. Apparently that made our marriage legal? Could somebody please elaborate and tell me if this is correct or not? Thanks in advance!

[LdiJ]

Originally Posted by ryter

What is the name of your state? Texas.

My boyfriend and I just recently split up. He moved back to his home state of Mississippi. He had lived here with me in Texas for over 2 years & in that time, we had a child together. When we filed taxes this year, the CPA told us that we are considered common law in Texas & that we would file jointly. I figured that common law was just temporary until one of the parties moved out of the home.

Recently, I talked to a family friend (a lawyer in the state of texas) who says I now have to get a divorce since we filed jointly. Apparently that made our marriage legal? Could somebody please elaborate and tell me if this is correct or not? Thanks in advance!

I suspect that you probably need to listen to the advice of the lawyer. Filing a joint tax return is definitely an element to show a common law marriage. Doing what gets you the best tax refund isn't always what's best all around. You aren't the first person I have heard of from TX who got advised to file a joint return based on a common law marriage, and then regretted it later.