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EEC2009 · Feb 3, 2009, 04:53 PM

First let me give some background information. My boyfriend and I have been on-again - off-again for years. We do have 2 children together and he does currently live with me, but his name is not on the lease, we do not share bank accounts and do not name each other as beneficiaries on life insurance. In no way do we present ourselves as husband and wife - so imagine my surprise when a local tax preparer insisted we had to file our taxes together on a joint return. I tried to argue with her, but I don't do taxes, and she's supposed to be the expert, so she filed them together. After talking with my family and friends and really thinking about the situation - I just don't think she was right. Surely the IRS does not require couples to file joint returns... do they? My real question is how hard is it to file an amended return for each of us? Should we do it right away? I contacted the original tax preparer and she said it will take 5 or 6 weeks to take care of it. Is that really accurate or is she just being a pain. I am desperate for any assistance I can get!

AtlantaTaxExpert · Feb 9, 2009, 01:41 PM

A LOT depends on the state in which you live.

These days, most states do NOT have common law marriage statutes, but some states DO, and, according to those states, you MAY meet the criteria for being married.

However, you did NOT have to file jointly. You could have filed Married Filing Separately if you did meet the common law marriage definition.

Call your local courthouse and FIND OUT if common law marriage is recognized in your state. If so, give them your circumstances and see if you meet the criteria.

If you are NOT married under common law, then you should amend your return, with ONE of your filing Head of Household and the other filing Single. When you DO amend, be sure to send BOTH returns in the same envelope with a cover letter stating that you filed jointly BY MISTAKE and were not legally entitled to do so.

If you ARE covered by common law marriage and you have already filed jointly, then you CANNOT change your mind if you wait until after 15 April 2009 to amend. The decision to file jointly is IRREVOCABLE once the 15 April 2009 deadline arrives unless filing jointly was not legal to begin with.