Legal Question in Wills and Trusts in Texas

what legal rights do i have if i am still married but separated, am living with someone and we are buying a property, but my name is not listed on any of the paperwork


Asked on 4/25/10, 5:44 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Because you are married, you can't be married to the person you're living with. This means that you can't acquire any community property with him. What he buys or accumulates is 100% his. Texas doesn't allow you to be married to two people at the same time.

The only "exception" is from the Davis vs. Davis case (521 SW2d 603), which applies where a person is "married" to two people who don't know about each other.

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Answered on 4/30/10, 9:04 am
Cheryl Rivera Smith The Smith Law Firm

You DON'T want your name on the paperwork until you're divorced because your spouse could claim a community interest in the property. New friend can provide for you in a will until you're divorced and then you can be deeded an undivided 1/2 interest in the property.

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Answered on 5/01/10, 7:16 am


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