Would I still file the same way we have in years past when there was his income and mine combined and we filed form 8958 and did the community property adjustments?========>>>>>>>>>>> For tax years beginning on or after January 1, 2007, domestic partners are required to use the same filing status as married couples; only domestic partners who are registered with the CA Secretary of State are required to file using the married filing joint or married filing separate filing status. Your stat tax law requires you, as a RDP , to file a joint return using either the married filing joint or married filing separate filing status. Aslongas you file your state return as mfj, then you need to combine the number of exemptions you claim on your separate federal returns to arrive at the total number of exemptions you claim on your CA return.Federal law does not allow RDPs to file a joint return;on your fed return each of you file his return as a single or a hoh.
Or would I do head of household========>>>>>>>>>>>>>If your RDP lived with you and your qualifying child such as your child, stepchild, adopted child, or eligible foster child, at any time during the last 6 months of the year, you do not qualify to use the HOH filing status for CA purposes. just like other hoh filers,as a RDP, you can file HOH on a CA return if you maintain the main home for your child, stepchild, adopted child, or eligible foster child and are considered not in a registered domestic partnership. to be considered not in a registered domestic partnership your RDP did not live in your home during the last six months of the tax year;you file a separate return;you pay more than half the cost of keeping up your home for the tax year;your home was the main home of your child, stepchild, or eligible foster child for more than half the year;you must be able to claim an exemption for the child.you do not need to terminate the domestic partnership to qualify for HOH.but you would have to be considered not in a registered domestic partnership as above.