My ex-husband and I signed before a notary 2 documents 1) a Separation Agreement and Property Settlement and 2) a Free Trader Agreement on May 20th of last year (2009). We were married on 11/2/1996 and we both lived in the home he purchased and paid for (I was never on the loan or deed of the house - I signed a prenup relinquishing any rights to his home). I purchased a new home and closed on 5/29/2010 and have lived in my new home since then. Neither my ex-husband nor I have any children or dependents.
In our separation agreement , we agreed that we would cooperate with each other in the filing of our income taxes for 2009. Our situation was special because he received an SSI settlement with proceeds going back to 2005. My husband decided not to honor our cooperation clause, went ahead and saw a CPA on his own, filed Married Filing Separately because he said it would save him $6000 - 7000 in taxes. He said he didn’t care how I filed.
I was under the impression that because we had a notarized separation agreement, I could file as single (and thus qualify for the $8000 new home buyer tax credit - again, I was never on the loan or deed for my ex-husband’s home). I have seen conflicting statements as to whether or not this is true - some forums say there is another kind of separation agreement that needs to be signed by a judge and that only with this type of separation agreement can I file single. Can you tell me if I can file as single with the separation agreement I have? If there is a special type of separation agreement for tax purposes, can I obtain one now, and does it require my ex-husband’s consent?