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January 4, 2025
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My common law partner died at the end of September, what status should I claim on my income tax

  • January 4, 2025
  • 2 replies
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    Best answer by Opus 17

    "Partner" is not a legal term recognized by the IRS.

     

    If you had a common law marriage, and you previously filed as married, then you follow the same rules as someone who was married in front of an officiant.  You can file married filing jointly in the year your spouse died if that's how you would have filed before your spouse's death. 

    2 replies

    Employee
    January 4, 2025

    So sorry for your loss.   Did you live in a state that recognizes common law marriage?  Have you filed joint tax returns in the past?   We can be more helpful if we know that.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    Employee
    January 4, 2025

    STATES THAT RECOGNIZE COMMON LAW MARRIAGE

    CO, DC, CO, IA, KS, MT, OK RI, SC, TX, UT

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    Opus 17Answer
    Employee
    January 4, 2025

    "Partner" is not a legal term recognized by the IRS.

     

    If you had a common law marriage, and you previously filed as married, then you follow the same rules as someone who was married in front of an officiant.  You can file married filing jointly in the year your spouse died if that's how you would have filed before your spouse's death.