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I am married but my husband that I live with is claimed by his parents as a dependant due to his disablilty can I file married joint?

We both live with my husband's parents all year who provide more than half of our income.  They have claimed my husband as a dependant.

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Accepted Solutions
Hal_Al
Level 15

I am married but my husband that I live with is claimed by his parents as a dependant due to his disablilty can I file married joint?

No. You must use Married filing Separately (MFS) filing status.

His parents do not automatically get to claim him either because he lives with them, is disabled or because they provide more than half his support. It's essentially optional.  Each couple should prepare returns both ways to see which way the family comes out best before deciding how to file.

For a full discussion, see a similar question at 

https://ttlc.intuit.com/questions/2938663-can-i-claim-my-daughter-who-got-married-on-december-19th-2...

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1 Reply
Hal_Al
Level 15

I am married but my husband that I live with is claimed by his parents as a dependant due to his disablilty can I file married joint?

No. You must use Married filing Separately (MFS) filing status.

His parents do not automatically get to claim him either because he lives with them, is disabled or because they provide more than half his support. It's essentially optional.  Each couple should prepare returns both ways to see which way the family comes out best before deciding how to file.

For a full discussion, see a similar question at 

https://ttlc.intuit.com/questions/2938663-can-i-claim-my-daughter-who-got-married-on-december-19th-2...

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