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Unless your husband is in reality your ex-husband under a decree of divorce or separate maintenance, he is not allowed to "file single." (Filing single is not the same thing as "married filing separately.")

If you are married, the only filing statuses you may use are:

1) Married filing jointly

2) Married filing separately

3) Head of Household under rare circumstances where your spouse did not live with you at all during the last six months of the year, is not reasonably expected to return, and you maintain a household for a qualifying dependent child.

If your husband has already filed, properly or improperly, your only choice is Married Filing Separately (or Head of Household if you qualify). Your husband can't file two returns.

If your husband comes to his senses later, you can amend your returns and file a joint return.

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Q: Can you file joint if your husband files single and you are still legally married?
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