Can a person file HH and their ex file single even with a house together in both of their names?
by Mortgage Rates on Saturday, October 16th, 2010 | 4 Comments
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If they don’t have a legal separation they must file as Married Filing Separately, NOT Single. However if either or both paid more than half the cost of maintaing a home and a qualifying person (usually their dependent child that that they can claim as a dependent) lived in the home with them for over 6 months AND if they lived apart for the entire last half of 2007 then they may file as Head of Household.
Home ownership or how any mortgage interest or property tax deductions are spit have nothing to do with their filing status. They can each deduct whatever they actually PAID themselves.
you have to have lived separately for the last 6 months of the year, or you are considered married by the IRS (and then HH and single can not be used).
what is or was on the deed and/or mortgage does not matter.
Living separately since July doesn’t work – one could only file as head of household if they have lived separately since June 30 at the latest.
July is not good enough. They get to BOTH file MFS. You had to be apart from 7/1 to 12/31. Even one night in that time period disallows anyone from filing HOH.
Use publication 504 to decide who gets to claim what for itemized deductions. (If one itemizes, both itemize.)