I have a client whose lawyer set up a single member LLC for their rental property.  The LLC agreement states the sole member is the husband and wife.    From what I have researched, if a married couple owns an LLC,  a partnership return would need to be filed.   The client is of the understanding that the lawyer set it up in such a way so the partnership return would not have to be filed.  

The EIN letter from the IRS states single member, but I am guessing this was because the law office clicked that when they applied for the EIN.    I asked for the agreement.  The agreement say the single member is Mr & Mrs., jointly  100%.    

Am I correct, that a partnership return will be required, or is the way the lawyer set this up, allow them to file a Schedule E on the personal return?   

Thank you in advance