If you and your spouse live together, you cannot file as Head of Household. You have to file as married filing jointly or married filing separately. Those are your two choices.
And...yes, the refund can be seized for tax your spouse owes. If you file a joint return, you can include an injured spouse form to protect your part of the refund.
INJURED SPOUSE
https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation
To use Form 8379 to report Injured Spouse: Go to
Federal>Other Tax Situations>Other Tax Forms
On Miscellaneous tax forms, click start or update for Report an Innocent or Injured Spouse
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This answer has been verified for accuracy by an Intuit expert employee
