Filing Jointly Living Separate in California

Forum|Forum|10 months ago
May 14, 2025
2 replies
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I read the IRS doesn't care about being Married, but living separately and still filing Jointly, but States vary. What is the Rule for California? Also, want to confirm whether listing both addresses is required or if the address is just about where to receive mail or does it indicate a primary residence, etc?

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xmasbaby0

Employee

Are both homes in CA? If both of you live and work in CA, owning a second home does not affect your ability to file a joint return for CA, even you live apart. If you are filing a joint tax return, you do not have to tell CA you live at separate addresses. You can file jointly no matter where you live -- apart or together. Since you are filing ONE joint state tax return, use the address where you want the state to send a letter or a check to the two of you. When you file jointly, your refund will be in both names, and any mail sent to you will be for both of you. The fact that you own a "second home" is irrelevant.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

HRP20Author

Yes both homes in California. We still see each other, but live separate as healthier for our relationship.

Opus 17

Employee

@HRP20 wrote:

Yes both homes in California. We still see each other, but live separate as healthier for our relationship.

If you are both permanent residents of California, you can file jointly if you prefer, and the state won't care that you live in separate homes. The only issue might be that you will only have one address on your tax return, this is where you want tax-related mail to be sent. It does not have to be the address where you live. It can be either home, or a PO Box, or even a relative whom you trust.

If you did want to file separately (married filing separately) then you would file MFS for both the federal and state, and you would each use your own address on your own return.

Opus 17

Employee

The only time you would have an issue is if you are living in separate states. Different states have rules on what you can and can't do if you want to file jointly married and separately in the different states. We would need to know what states both spouses live in. But if both spouses live in California, even in different homes, there would be no problem filing jointly at the federal and state returns.