₪₪₪ Is doing your tax returns as married considered common law marriage?
My husband and I got legally married in July 2008. Before we met, he lived in California and was in a relationship with a woman. He moved to Texas in late 2003 and his girlfriend at the time filed their taxes as married in the state of Texas during the tax years of 2003-2005. I don’t think she even lived with him during 2003 because they had a son together in 2004 in California and she officially moved down to Texas a month after the birth.
Throughout the 3 years she filed as married on their taxes she was living between California and Texas because she only wanted money and to party (They were only 20 around this time).
Last year he received a letter from the IRS about she applied for Innocent Spouse Relief from the taxes she filed in 2005 and they wanted her to pay because she didn’t report that she worked at Walmart and Kohl’s and she wanted my husband to pay. The IRS denied her ISR.
Would they be considered in a common law marriage because she filed their taxes as married in Texas?
Is what she has done while filing the taxes fraud?
She moved out and left without notice in November 2006 back to California. And he is paying child support to her in California since she has left.
So if they are considered to be in a common law marriage would he need to divorce her?
I do plan on consulting a lawyer about this later this week; but I am asking on here to help put my mind at ease because in my family, something we take seriously is when we take our vows of marriage and it would be devastating to me if our marriage isn’t legal because of his ex who has already made our lives hell.
If the taxes she filed during those years as married are considered fraud, how can he correct this information?
Category: IRS Problems
