Fiance & I live together. I have 2 kids, not his. split bills. I claim the kids on taxes, do I have to file HOH, or can he file as HOH & me as single?

[triciabenson82]

My fiance and I just bought a house, but we have lived together 3 years. I have 2 kids from a previous relationship. We split mortgage and bills almost equally. I would say he pays a little more than I do though. Since I claim the kids, and get credit for them on my taxes, should I be filing as head of household, or can my fiance file as head of household (even though the kids are my dependents)

[DianeW · Accepted solution]

The children will not qualify your fiancé  for the Head of Household (HOH) filing status because they are not related to him by blood or marriage. Your fiancé  cannot use the HOH filing status because he doesn't have a qualifying dependent on his tax return.

If, as you believe, he actually pays more towards the household expenses then you would not be entitled to file as HOH. Only one of you would be entitled to the HOH status and it's the one who pays more even if they are not entitled to that filing status. You can use this hyperlink to review the details and decide.  Guide to Filing Head of Household

Filing using the Single filing status does provide all the rights that you might have under HOH, but the tax rates begin to climb a little faster (starting at approximately $10,000 of taxable income).