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Married living separately

Author Theresa
Participant 

#1 - Posted: 13 Apr 2009 08:36 - Edited by: Theresa 
I am getting married. I have a homesteaded property in FL and we will be buying a home in VA where my future spouse lives. My place of Employment is in FL and his is in VA. I would like to retain my residency in FL. I was told that if we file joint federal income tax returns in the state of VA that I will lose my FL residency. Is this true? If so, what do I need to do to retain my residency?

Author johnbsims3
Admin 

#2 - Posted: 13 Apr 2009 14:31 - Edited by: johnbsims3 
You won't lose residency by filing tax returns in VA. Do a search here and you will find the answer, which in short is, you can't have two homesteads.

Florida Administrative Code 12D-7.007(7) :

A married woman and her husband may establish separate permanent residences without showing "impelling reasons" or "just ground" for doing so. If it is determined by the property appraiser that separate permanent residences and separate "family units" have been established by the husband and wife, and they are otherwise qualified, each may be granted homestead exemption from ad valorem taxation under Article VII, Section 6, 1968 State Constitution. The fact that both residences may be owned by both husband and wife as tenants by the entireties will not defeat the grant of homestead ad valorem tax exemption to the permanent residence of each.

Author KobyCollins
Participant 

#3 - Posted: 16 Feb 2012 22:40 
Problems such as this arises for newly wed couples. That is why it is recommended that newlyweds have to weigh filing separately or jointly.To file separately or jointly, that is the question. The answer is that it depends, because there are drawbacks and benefits of each. But it is almost always better off filing jointly. You can calculate your taxes both ways to see which way comes out better for you.

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Married living separately
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