My partner & I have two children together. We aren't legally married. We live together & file separate tax returns. Can we each claim one child?

[allie-natsb-com]

Turbo Tax has some notes about needing to file form 8332...I'm so confused. Help.

[MonikaK1 · Accepted solution]

Yes, if you both live with your children, you could elect to each claim one child. 

Two people can both claim Head of Household filing status while living in the same home however, but both will need to meet the criteria necessary to be eligible for Head of Household status:

• You both are unmarried
• You both are able to claim a dependent as a closely related person
• That dependent resides at the same residence for more than half the year (or, in the case of an elderly parent, they can live elsewhere but you still have to provide them with at least half of their support)
• They both have paid more than half of the cost of keeping up the portion of the home for themselves and their dependent(s).

Typically, only one person will meet all of the criteria for Head of Household when living together. Please see this TurboTax tips article for more information.

Please see this TurboTax tips article for an explanation of the rules on claiming dependents. Be sure to read and answer all of the TurboTax interview questions carefully including any "Learn More" links.

[Opus 17]

Yes, if you agree, you can each claim one child.  In this situation, don't even list the other child on your return, and answer "no" to the questions about custody for the child you are claiming (there is no agreement, the other parent won't claim them).  (It refers to a legal order involving parents who are separated or divorced, not to an informal agreement between partners living together.)

Turbotax thinks it would be offensive to ask "are you shacking up with the other parent", so the interview is geared toward separated parents who share custody and can lead to confusion when unmarried parents live together and share custody.