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RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience:  CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
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I got married on November 19, 2007. It was a

Resolved Question:

I got married on November 19, 2007.   It was a mistake. My husband and I never moved into a home together. I live in my apt with my 3 biological children from a previous marriage, and my husband lives in his apt. Question in publication 501 it says certain married couples who are not legally seperated or divorced can file as head of household and married filing seperate returns. Can I file head of household in my Federal Income Tax return?
Submitted: 9 years ago.
Category: Tax
Expert:  RD replied 9 years ago.

Do you not plan to file a married filing joint tax return?


Customer: replied 9 years ago.
My husband and I do not want to stay married. In fact, he already filed married filing seperately
Expert:  RD replied 9 years ago.

Yes, you can file head of household status. See rules below-

If you are not divorced or legally separated, you may also file as Head of Household if you meet all five of the following conditions:

  1. You lived apart from your spouse for the last six months of the taxable year.
  2. You file a separate return from your spouse.
  3. You paid over half the cost of maintaining your home for the year.
  4. Your home was the primary home of your child, adopted child, or stepchild for more than half the year, or was the primary home of your foster child for the entire year.


Let me know if you have any question.


Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

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