Legal Question in Family Law in Texas

Living together - not common law

I have been living with someone three years. We do not claim in front of anyone to be married. We do not have the same bank accounts. When I moved in with him I moved in all my possesions I had before moving in. It has come to my attention that his family in Florida disapproves of this arrangement in our relationship but more importantly disapprove of me. I've done nothing to hurt them, they just do not like me.

My question is since my name is not on his house nor is his families, if something happens to him, i.e. death, can they just show up and take away everthing from me legally? I do not want his house I just want to leave in peace with the possessions I came with and with what I have bought during this time. Can I keep them out of the house till I leave? I do not want to cause problems for them, but in the same instance I do not want problems either. Please help!


Asked on 11/15/00, 11:17 am

3 Answers from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Living together - not common law

Your roommate's family cannot take your separate property possessions from you. However, to clarify matters, perhaps your roommate should make a will in which your items are specified as yours.

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Answered on 11/23/00, 10:41 am
John Pfister, Jr. Pfister & Associates

Re: Living together - not common law

Since you are not married, your roomates' family will be able to recover your roomate's personal items and his house. I would suggest that if your roomate wants you to have certain items, including his house, then he needs to make a will. He could designate you as the executor so that you probate the will and handle the estate. You could then insure that your roomates desires are met.

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Answered on 11/23/00, 11:11 am
James Grissom Law Office of James P. Grissom

Re: Living together - not common law

Wills require probate of some type - either simple or complex. Another solution, which I think is more simple than the other proposals, is for your and your "living with" to execute a cohabitation agreement. This would not have to filed with the property records (unless it would involve real estate) and would not require further legal action. A will with you as executrix maybe more than your significant other contemplates at this time. If you and your friend want me to prepare this agreement, call me at 1-877-320-5232.

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Answered on 11/24/00, 3:16 pm


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