Couple lives in comm prop state.
Not divorced, however living in separate residences with intent to divorce - not living together since March 2023. Legal separation not recognized in this state (TX).
If the couple agrees in writing and have it notarized that clearly states and outlines a spousal support and community property income split, does this override the Community Property Income reporting if they want to file MFS? H wants to clearly outline what he is paying for and what he is not.
Example - H earns all of the couple's income. H wants to pay for the home, mortgage, PPT, and claim all of those on his MFS Sch A. If W agrees to this, the Sch A for the W would have no claims to Mortgage INterest or PPT. It would be given all to the H. Is this allowable if they have a notarized document outlining these terms of agreement?
Does a notarized agreement qualify or would the couple need a doc signed by a judge?
