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posted Dec 26, 2019 12:51:24 PM

Filing Status - Pending divorce, DV restraining order

Hello,

 

I wanted to see if anyone knew if I would be able to qualify as head of household or single for 2019. 

 

I am legally married, however I was granted initially a restraining order in May and the divorce is taking forever. The marital residence is my husband's separate property and I was granted sole property control/occupancy from May until September when I moved out with our young child (who I have sole custody of) as part of the restraining order.  I did not pay for the mortgage, etc as it is my spouse's property. I've been now paying rent, etc for my child's and my new residence since September.

 

I know generally that I would have had to "pay" for the home to qualify for head of household status, but given the circumstances are there any provisions to allow for people with similar circumstances such as myself to qualify for Head of Household or Single tax status?

 

I really want to avoid MFS at the moment because my spouse itemizes his returns and I simply do not have much to itemize. I may be better off with a standard deduction if it's possible. TY

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1 Replies
Level 15
Dec 26, 2019 12:56:18 PM

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

 

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into Personal Info, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.