Do I file single or head of household in common law marriage Utah?

[Helpmeplz]

We have 3 kids. Have lived together for 5 years with our kids. Never legally been married. We file taxes seperatley. I usually file head of household. This year she got all her w2's before me and we agreed to go ahead and have her claim the kids. Now that im filing taxes it will not let me file head of household because I have no dependants to claim? Although I pay 90% of the bills all year? So now instead of receiving taxes this year I owe taxes because I can only file as single? Any help much appreciated.

[Anonymous]

see this to determine if under Utah law you are considered married or consult a lawyer

https://www.lawserver.com/law/state/utah/ut-code/utah_code_30-1-4-5

or

https://law.justia.com/codes/utah/2018/title-30/chapter-1/section-4.5/

If you are considered legally married then head of household/separate  were not valid filing status for the previous years.  Each should have filed as married filing separate.  See a tax pro.

if you are not considered married, then she was not eligible to file as head of household because according to you you paid 90% of the costs of maintaining the household and one rule for HOH status is that taxpayer paid more than half the cost of keeping up the home. 

for you to claim HOH you would need to claim the same dependents she claimed.  Thus you'll not be able to e-file.   if she fails to amend, you'll both be getting letters from the IRS.  see a tax pro