Yes, it appears that you and your husband did in fact live together because, as you have indicated, your husband lived in your home even though he paid you rent. It does not appear that the IRS would consider you to be "unmarried" as you have not obtained a final decree of divorce or separate maintenance, or a decree of annulment. Thus, if you wish to file a return and not include your spouse on your return, your proper filing status would not be single, because you are still considered married under IRS rules. You might consider the filing status of "married filing separately."
Given your situation, it does not appear that Head of Household (Head of Household will provide for a greater standard deduction amount versus Married Filing Separately) would be an option for you either. Although, it appears that you might not have considered all of your options. In this regard, here is a TurboTax article that explains the various filing statuses which you might find useful. At the bottom of this article are other links to articles which discuss the filing status for Married Filing Jointly, Married Filing Separately and Head of Household. You might find these articles helpful also.
What Is My Filing Status
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
