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My husband and I are divorced we have 2 children, live in…

Second opinion] my husband...

Second opinion] my husband and I are divorced we have 2 children, live in the same household but we pay seperate bills and have seperate bank accounts can we both file head of household

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We are divorced

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We have 2 dependents, pay seperate bills and have seperate bank accounts can we both file head of household?

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Answered in 8 minutes by:
3/13/2018
emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3,870
Experience: IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

If you are divorced you can both file head of household as long as you do not have shared custody, each of you is a custodial parent of one child and the house has two separate units and each of you is using one of the unit. If only one of you owns the house, the other should be paying rent.

But if both of you use the entire house it would be simply impossible to determine that both of you pay more than 50% of the household expenses.

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Customer reply replied 4 months ago
he owns the house, but I pay the lot rent for the home so would this be considered rent or that we both can file head of household?

You would have to pay rent for the living quarter. When you say you pay rent for the lot, is the house type of mobile home or condo?

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Customer reply replied 4 months ago
mobile home
Customer reply replied 4 months ago
how much rent would I have to pay per year to get this deduction

Unless you owe two mobile homes you cannot claim both head of household. With one mobile home you will not be able to establish the required separation of the living space, unless your home has a fully finished walk-out basement that could be considered a separate unit.

emc011075
emc011075, Tax adviser
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Satisfied Customers: 3,870
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