If my ex and I filed our taxes jointly, does that make us legally married?

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If my ex and I filed our taxes jointly, does that make us legally married?

And if so would we have to get a divorce?

Asked on January 25, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Tx recognizes "common law marriage". That is a marriage that was not formally entered into (i.e. no wedding ceremony). To have a common law marriage, a couple must: agree to be married, live together as husband and wife, and tell other people that they are married. Filing taxes together may not, in and of itself, be enough to establish such a marriage but it does go a law way in doing so. At this point, you should consult directly with a local attoreny who can best advise you further. If a legal common law mariage has in fact been established, then as with any other marriage, to end it you would need to file for divorce.


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