If married but wife (US Citizen) and husband (non-US citizen) was separated all of 2017. Can wife claim Head of Household. Does Texas community Property law apply?

[iwbtlaat37]

Wife and husband been separated for 3 years but still legally married.  Wife has a dependent child and support self all 2017.  1. Can she claim Head of Household vs MFS?

2.  Is she subject to Texas Community rules for community income requiring that she includes her husbands income, name and social on her tax return?  She's not even sure he has a social security number.

[Bsch4477 · Accepted solution]

If wife lived apart from spouse the last 6 months of the year and has a dependent child living with her, she can file as Head of Household and community property would not be an issue.