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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I have a question. I am technically married but moved out in

Resolved Question:

I have a question. I am technically married but moved out in May 2009. My husband still resides in the home as well as our 10 year old son. Since he pays 50% of the costs he plans to file head of household. I realize that means I will have to file married filing separate.

We have continued to pay everything out of a joint account since the day that I left. He wants to take the standard deduction and said I could itemize and take the full mortgage interest and property tax deduction on my taxes. Can I legally do that since it was paid out of a joint account or will we be required to split it 50/50 on our returns?

Submitted: 6 years ago.
Category: Tax
Expert:  Merlo replied 6 years ago.

Hello lcamden,


Are you legally separated or are you just living apart?



Customer: replied 6 years ago.
We are just living apart. We have not filed for any type of legal separation. He said he researched that he would be able to file head of household although we are married because I have not lived there the last half of 2009. I want to take the mortgage interest and property tax deduction on my taxes, though.
Expert:  Merlo replied 6 years ago.

Hello again lcam,


Thank you for the clarification.


It is correct that even though you are not legally separated, if you have been living apart for the last 6 months of the year, and one of you also provides a home for a dependent child, then that person may claim head of household status.


As far as you being able to claim the entire amount of the mortgage interest and property tax deductions, you would be allowed to do this, assuming that your name is XXXXX XXXXX deed to the home as an equitable owner, and you are the one who actually made those payments. It will not matter that the funds used were from a joint account.


If this was helpful please press the Accept button. Positive feedback is also appreciated.


Thank you lcamden



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