No, you can file a separate return in CA because your husband has no CA income. A separate return only includes one spouse's income. When you prepare the MFS CA return, you will report only your share of the income reported on your federal return.
Generally, CA requires you to use the same filing status as you did on your federal return, but there are 2 exceptions. If you file a joint return for federal purposes, you may file separately for California if either spouse was one of the following:
- An active member of the United States armed forces or any auxiliary military branch during the year
- A nonresident for the entire year and had no income from California sources during the year
From IRS Pub 555 - Generally, separate property is:
• Property that you or your spouse (or your RDP) owned separately before your marriage (or registered domestic partnership);
• Money earned while domiciled in a noncommunity property state;
• Property that you or your spouse (or your RDP) received separately as a gift or inheritance during your marriage (or registered domestic partnership);
• Property that you or your spouse (or your RDP) bought with separate funds, or acquired in exchange for separate property, during your marriage (or registered domestic partnership);
• Property that you and your spouse (or your RDP) converted from community property to separate property through an agreement valid under state law; and
• The part of property bought with separate funds, if part was bought with community funds and part with separate funds.
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