Quote Originally Posted by Jeter2016 View Post
Client has a legal court decree, yet he is still living in the same home with his wife. The wife is ordered to pay the taxes, interest, insurance.
Can I file my client as single because he does have the court decree. My confusion is that he is still living in the same home as the wife, does that matter if there is a court decree?
They are have two children, they are going to each take a child for the dependency deduction according to the court decree.
Many thanks,
When you say "Court Decree" is that a separation agreement or the final divorce decree?

I have noticed lately many warring couples get a separation agreement and try to mediate. If they are still living together and final divorce decree has not been entered, they can file MFJ or MFS. If they have legal representation, they should discuss this matter first.

I had a couple in similar situation and the separation agreement specifically said that they will file MFJ and split equally any balance due or refund. Many lawyers know that MFS will cost them in taxes.