common law marriage in iowa

[spitfire007]

What is the name of your state? IOWA

Hello everyone, hope all are doing well. I have a question about common law marriages in Iowa. A friend of mine met and moved in with a lady in Iowa they lived together for 5 years and filed income tax as married filing joinly. By them doing this does this make them common law married? If not what is considered a common law marriage in that state if anyone knows. Thanks a bunch

 

[LdiJ]

What is the name of your state? IOWA

Hello everyone, hope all are doing well. I have a question about common law marriages in Iowa. A friend of mine met and moved in with a lady in Iowa they lived together for 5 years and filed income tax as married filing joinly. By them doing this does this make them common law married? If not what is considered a common law marriage in that state if anyone knows. Thanks a bunch

I don't know the rules for common law marriages in Iowa, or if Iowa even allows for them (not many states do anymore).

However, I can tell you that one important element of a common law marriage is filing joint tax returns. So if Iowa does allow for common law marriages, they have certainly met one important element......or, they have committed tax fraud.....which is a whole 'nother can of worms.

 

[seniorjudge]

Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

http://www.unmarried.org/common.html

 

[LdiJ]

Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

http://www.unmarried.org/common.html

Ok...then. Well, filing a joint tax return is certainly a public declaration that the parties are husband and wife.....and they have apparently continously cohabitated. So the last element is "intent and agreement to be married".

Again, back to the tax issue, either they are common law married or they filed fraudulent tax returns.