Legal Question in Family Law in Texas

You've created a complicated situation by living together post-divorce for so long. And web sites like this don't let you enter enough facts about your situation for an attorney to be able to give you a very good answer. You should invest in a consultation with a good family law attorney to get advice carefully tailored to your specific facts.

Nonetheless, here's an outline for you to think through.

Are you married now? Texas recognizes informal marriage (similar to what some people incorrectly call "common law marriage"). If you and he agreed to live together as husband and wife, actually did live together as husband and wife, and told everyone that you were husband and wife, then a court might conclude that you are now married. If that's the case, you'd be entitled to whatever the Probate Code confers to spouses through intestate succession. The easiest way to solve this is to either get married (OK idea) or file a Declaration of Informal Marriage (great idea).

If you can't establish a marriage, you're going to have a much tougher time if he dies without a Will. Without a marriage and without a will, all property will go to his heirs at law--the son. At that time, you could file a lawsuit and try to have yourself declared his wife, but I'm afraid it would be very difficult for you to prevail.