or do we report the CA property on my CA return and the MT property on his MT return. Most, but not all, of the property is jointly titled.
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Use the same filing status for California that you used for your federal income tax return unless you are in a same-sex marriage or a registered domestic partnership (RDP).
If you file a joint tax return for federal purposes, you can file separately for California if either spouse was:
Community Property States: If the spouse earning the California source income is domiciled in a community property state, community income will be split equally between the spouses Both spouses will have California source income and they will not qualify for the nonresident spouse exception If you had no federal filing requirement, use the same filing status for California that you would have used to file a federal income tax return.
If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2017, file the California Nonresident or Part-Year Resident Income Tax Return (Long or Short Form 540NR).
For additional information, please follow the link https://www.ftb.ca.gov/individuals/Filing-status-information.shtml
Married Filing Separately in Community Property States https://ttlc.intuit.com/replies/3301943
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