Can we use MFJ if we have income from non-community property?

Can we use "married filing jointly" if we have taxable income from non-community property?

I am pretty sure that "married filing separately" is only optional, not required. But that's the essence of my question.

Note: I am __not__ asking if there are conditions where "married filing separately" might be "better". This is a question about "must", __not__ "should" or "allowed to".

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The situation is.... We are married and live in a community property state. But I have chosen to keep a large inheritance in a separate account (i.e. non-community property) registered with only my SSN. In fact, my wife does not have POA. Nevertheless, we have always used MFJ, and we want to continue to do so, reporting the taxable income from the separate property on the joint return.

Reply to
joeu2004.5
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Absolutely. I've owned rental property, before and since I got married (24 years now), and have filed joint even since we exchanged vows. It's not uncommon for people to have accounts that are just theirs. You still have the choice, of course, but MFJ is not prohibited.

Reply to
JoeTaxpayer

As long as you are married on December 31, it's up to you to file either jointly or individually. Whether or not you're in a community property state has nothing to do with that particular thing.

Reply to
Stuart O. Bronstein

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