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emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3176
Experience:  IRS licensed Enrolled Agent and tax instructor
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Madam: I currently separated from my wife since December

Customer Question

Dear Sir/Madam:
I currently separated from my wife since December 2015. During 8 months in 2015 she has not paid her fair part of our home mortgage, gas, one investment property, and any expenses related to both properties. My question is: Is she entitled to claim as joint when she had relinquished all her responsibilities or I need to file legal separation before filing. Please advise, and thanks for your help.
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.

Hi. My name is ***** ***** I will be happy to help you.

As long as you are married, you can file jointly but you both need to agree to do so. She cannot make you file a joint return if you don't want to. If you choose to file a separate return, she will have to do the same. Because you are still married, your filing options are filing jointly or separately. You will need to be legally separated or divorced to file single.

Expert:  emc011075 replied 1 year ago.

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