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HRP20
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Filing Jointly Living Separate in California

I read the IRS doesn't care about being Married, but living separately and still filing Jointly, but States vary. What is the Rule for California? Also, want to confirm whether listing both addresses is required or if the address is just about where to receive mail or does it indicate a primary residence, etc?

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2 Replies

Filing Jointly Living Separate in California

Are both homes in CA?  If both of you live and work in CA, owning a second home does not affect your ability to file a joint return for CA, even you live apart.   If you are filing a joint tax return, you do not have to tell CA you live at separate addresses.   You can file jointly no matter where you live -- apart or together.    Since you are filing ONE joint state tax return, use the address where you want the state to send a letter or a check to the two of you.  When you file jointly, your refund will  be in both names, and any mail sent to you will be for both of you.   The fact that you own a "second home" is irrelevant.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Filing Jointly Living Separate in California

The only time you would have an issue is if you are living in separate states.    Different states have rules on what you can and can't do if you want to file jointly married and separately in the different states.  We would need to know what states both spouses live in.   But if both spouses live in California, even in different homes, there would be no problem filing jointly at the federal and state returns.  

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