Lawyer Question

[BullSprig@Work]

Need adivce for mother-in-law.

She has boyfirend, seperate condos in FL. Moving to Austin in next few months, will most likely co-habitate w/ boyfirend. Boyfirends kids always make threats that they will contest anything she would get in boyfriends will, etc...

New house will be hers, paid for in cash with her money.

If he moves to Austin with her, and lives there how long beofre they wouldbe considered "common law married."

How could she protect herself from boyfirends kids having claim agianst her residence?

Would it be as simple as her charging him rent?

any basic advice would help.

 

[zzzz]

In reply to:

---

---

 

[Dude]

Because your question deals with the casa you need to look at the homestead laws in addition to the common law marriage laws. Texas homestead laws go to great extents to protect a person's house, but you want her to make sure she's complied with all those provisions as well. There's a chance that if she died he would be able to continue to live there even if she had left the house to her kids.

Does she have a will? Sounds like she needs one.

 

[Holden]

How about a pre "common law " nup. You can agree to the affairs before any statute takes effect.

 

[MirrOlure]

I drafted a "co-habitation" agreement for someone last year.........but they didn't hold themselves out to be common law married. Just dude and chick living together.

I'll have to wait till after the **** hits the fan to tell you how good a job I did.