Without the ring, you won't get a thing ZT

Ronald Lipman

Dec. 16, 2006, 10:13PM
State your case
Without the ring, you won't get a thing

By RONALD LIPMAN

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Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: I have been living with my boyfriend for five years. We have a child together and he wants another one. I told him we need to get married before I'll have another child, but he's not interested. I'm scared that one day he may pick up and leave me and the kids with nothing. Within the last two years that I have been with him, he has bought a lot of houses and buildings. He doesn't even use my address. Can I get some of his properties without being married?

A: No, you can't, and it sounds like that's the way your boyfriend wants it.

There are a few ways for you to own part of your boyfriend's investments. He could either let you invest as a partner with him, or he could give you an interest in his deals. Assuming he's not willing to get you involved in either of these ways, then the only way you'll ever become a part owner is to marry him.

As a girlfriend, you own nothing. As a wife, you could own as much as half. Any property your husband already owns when you get married remains his separate property, but most other properties acquired during the marriage will be classified as community property, half of which would be owned by you.

There are two ways to get married in Texas. One is to get a license and have a ceremony. That's how most people do it. But for some couples, the way they get married is by satisfying the three requirements of a common-law marriage. Even without a license or a ceremony, two people will be married under the eyes of the law as long as they live together, hold themselves out as being married, and intend to be married.

From the sound of your question, it doesn't appear the relationship between you and your boyfriend satisfies all three of these requirements.

However, even though you may never own any of his investments, you can go to court to try to get child support. Starting a legal battle with your live-in boyfriend is probably not the best way to convince him to marry you, but you do have the right to seek court-ordered child support payments. Therefore, if things don't work out with the two of you, you should hire a family lawyer to help you get the maximum child support allowed by law.

Q: My ex-spouse has custody of our young daughter. I pay child support and have visitation every other weekend, although the decree names us both as "joint managing conservators." I will soon be taking a job out of state. I do have relatives who live near my ex-spouse and would like to assign them my visitation weekends. My ex-spouse objects. How can I get my visitation assigned to relatives other than myself?

A: You can't.

You are the only person authorized to take possession of your daughter on your assigned weekends. Even though you can leave your daughter with your relatives after you pick her up or she gets dropped off, you can't go that extra step and assign away your visitation rights.

Q: My mother passed away last year. I am her only surviving child and heir. There are no inlaws or grandchildren. Other than probate, is there any way that I can get the title of her house placed in my name? The house, which is assessed at a value of $120,000, is the only asset that she had. I have lived in the house for the last 30 years taking care of my father and mother during their long-term illnesses.

A: If your mother died without a will, you can prepare and file a small estate affidavit to clear up title to the home. This is still considered probate, but at least it's a very simple form of probate where you don't have to go to court for a hearing and only one set of documents needs to be filed with the court.

If she died with a will, then you'll need to probate her will, possibly using the simplified muniment of title procedure as a way to cut down on costs.

You should schedule a meeting with an attorney to determine which is the simplest and most cost-effective way to proceed.

Q: How many ways can I leave my estate without going through probate?

A: There are a number of ways to avoid probate.

Accounts can be set up with rights of survivorship so that the person who lives the longest gets the entire account automatically.

In addition, bank and brokerage accounts, and other investments, such as life insurance and retirement accounts, can all be made payable to named beneficiaries.

Any other assets you own can be put in a revocable trust created by a lawyer, and probate will be avoided completely.

Ronald Lipman is an attorney with the Houston law firm of Lipman & Associates. He is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Questions for this column, 100 words or less: State Your Case Houston Chronicle P.O. Box 4260 Houston, TX 77210