We're in a community property state and separated early 2018. My husband pays most bills while I finish grad school. Can I file Separately and him Head of Household?

[kimmie18-0]

We live in Texas and I moved out in May 2018 and have separate apartment.  He pays our house and most bills, while I finish graduate school. Can I file married filing separately and he as Head of Household?  Do I need to claim half his income in a community property state?

[rainydaze · Accepted solution]

If you're in a community property state, you're supposed to split your incomes.  Rarely does a properly done MFS return come out better than filing a joint return.  Also, your spouse cannot file as HOH without a qualifying dependent (in most cases, a child).  Unless he has a qualifying dependent, you may want to consider filing a joint return (unless you're legally separated by the laws in your state; in which you would "split" the income up to the date of separation).  Otherwise you both must file a separate return using the MFS filing status.