I have a husband and wife who lived in separate rooms in May, then on left the home in October, can the custodial parent claim HOH?

[TAXOH · Accepted solution]

No.

[Marc-TaxMan]

wait.  more facts.  There's a kid?  H&W live separately in same single fam home, AND there's a kid.  Both H&W are the parents?  And the kid lives in the house in a 3rd bedroom.  They all share the 'common' areas?

[IRonMaN]

Living in separate rooms ain't quite the same as living apart.

[George4Tacks]

Polygamy? You have a husband and a wife?

[IRonMaN]

But who are we to judge?  
But I have to ask ------------------- which one is the more difficult to live with?

[sjrcpa]

LOL

[1Kaci]

There is a child, they physically separated in May, wife moved out in Sept...LOL

[1Kaci]

Both husband and wife are not the parents, the father is the parent, second wife physically separated and wife moved out in Sept

[George4Tacks]

Who is custodial parent?
How is the father related to the husband and wife?
Is the second wife the second wife of the husband or other wife?
How is the second wife related to the father?
WOW! I only thought I was confused in the beginning. You should know I am from California, so anything is possible, but WOW!
Have you gone through the IRS site to test what the answer to your question is?

[1Kaci]

Let me try to clarify. I have clients who are married to each other, the wife moved out of the marital bedroom and spent 4 mos living in another room before she moved out of the marital home in September 2018 and out of state. The child is the husbands child and not the wife's. The child remains in the home with him. She is a dependent of his, she is a full time student. Can he claim HOH. At one time that was possible. Can't find info on it now.

[IRonMaN]

No, they didn't live apart long enough for the head of household to kick in.

[Marc-TaxMan]

I think an argument can be made that they lived apart in the same house starting June = 6 months.
Had they filed for divorce? But resided separately in same house, pending.  Maybe.

[IRonMaN]

But I think that isn't a very good argument.

[TAXOH]

I would go with no.

[taxiowa]

As long in same house the answer would be no.  I mean what's next "bunk beds" as qualification for living apart?

[The-Tax-Lady]

Thanks for the laugh, taxiowa

[rbynaker]

Same bed, but separate comforters. 🙂

The only way I might even consider it would be if her "room" constitutes a separate dwelling unit.  Even then, I'm probably not buying it.

[George4Tacks]

Bundling board?

[George4Tacks]

Go through the steps on the IRS site https://www.irs.gov/help/ita/what-is-my-filing-status Not enough info for this anonymous source to determine the correct answer. You get paid the big bucks to decide these things, not us.