Q: My boyfriend and I live together. We do not co mingle any of our assets. He has kids who are greedy, lie, in it for
the money. The home we live in I purchased, my name only is on the title, deed, mortgage, insurance, bills, everything. My name only is on my bank account. His name is on his bank account only. We file taxes as single people. I do not go by his last name. We live as single people, but together. We are not married & introduce ourselves as boyfriend & girlfriend. He does have his things (clothes, tools, documents, etc) in my house. His truck is at my home, but his name only is on the mortgage. God forbid, but because of his age, if something ever happened to him, can his kids lie and say we were common law married since we lived together, to get to my savings & my home? Or does the fact that my name only is on my assets make it my own? I have way more assets & savings than he does & I have a nice home, and his kids know it. Is there any documentation I need to have just to be safe?
A: While you two could sign cohabitation agreement, to be what some people call "common law married" in Texas you must either (1) have recorded an informal marriage with the county clerk or (2) have (a) lived together for over a year, (b) both intended to be married, and (c) both held yourselves out to the community as married.
A: In order to be common law married in Texas you must meet 3 requirements: cohabitate, hold each other out as husband and wife, and agree to be married. You could always sign an agreement stating that you are not common law spouses, having it witnessed and notarized. Your fact pattern is a little confusing b/c you state that only your name is on the mortgage and then state only his name is on the mortgage. Executing wills which direct how your estate is to be distributed upon your death could help you both. I would recommend contacting an estate planning attorney in Texas to make sure your assets are protected upon either of you dying.
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