Husband Claimed Wife as dependent. She filed her own as a dependent. 2 Refunds?

[unzuetay]

Common Law marriage in Texas, Husband claimed wife as a dependent along with their three children. Wife filed her own taxes without the children marking that someone can claim her as a dependent.

Both returns were accepted by the IRS and they received refunds.
However the IRS sent a letter to the husband asking for proof that the children live with him. Before the rest of his refund is released.

Do I need to prepare two amended returns showing their MFJ status? or just one combining the refunds already received?

[Rapid Robert]

Common Law marriage in Texas,

How did you determine that? The two alleged spouses seem confused themselves, as they explicitly stated under penalties of perjury that they were not married when preparing and signing their returns. I'd advise them to consult an attorney to determine the true legal status of their union. The IRS does not have a national database of current valid marriages, so how would they know?

Personally, I would not accept these people as clients.

[TaxGuyBill]

I agree with Rapid Robert. Both of them filing as "Single" makes it seem unlikely they have a Common Law Marriage.

https://guides.sll.texas.gov/common-law-marriage

But IF they do have a Common Law Marriage, I seem to remember that you only need to amend ONE of the tax returns, and just include lots of details in the Explanation on the 1040X.

[Lion]

Did they file as Single or MFS or something else? If they are not holding themselves out as married, does TX recognize them as married? Probably a legal questions.