pre-marital agreement

[Germanator]

TEXAS.
I am renting a duplex together with my GF and her 5 year old son. Since we are not legally married, but will live together, does the common law marriage apply? TX recognizes this as common law marriage I think.
How can I prevent or set up a pre-nup agreement to protect myself from any financial responsibility later on also against child support? Per law I can not be held liable for the child unless I adopt it. How should I set up a legal contract that makes us living companions or "roommates" only?
Thanks

 

[hexeliebe]

How can I prevent or set up a pre-nup agreement to protect myself from any financial responsibility later on also against child support?

Unless you adopt this child or are the biological father, you have no legal responsibility regarding support. Not now, not if you were married. zilch, nada, keine.

How should I set up a legal contract that makes us living companions or "roommates" only?

You can't. Simply put, no contract that goes against the law is held to be valid.

 

[Germanator]

so what does the prenuptial agreement or pre-marital agreement do to protect me?

 

[hexeliebe]

zilch, nada, gar nichts!

 

[JETX]

"I am renting a duplex together with my GF and her 5 year old son. Since we are not legally married, but will live together, does the common law marriage apply?"
*** In order for an 'informal' marriage to exist in Texas you must either file a "Declarationa nd Registration of Informal Marriage" or that you meet all three of the following conditions:
- That you agreed to be married
- after that agreement lived together in Texas as husband and wife, and
- represented to others that you were married.

"How can I prevent or set up a pre-nup agreement to protect myself from any financial responsibility later"
*** In order to prevent any possible misinterpretation in the future, you can simply both agree to sign an informal statement saying that until such time as you rescind or amend it in writing, you hereby declare that have no intention of being married. Date it and have both sign it.

"on also against child support?"
*** This one is really simple. Unless you are the childs biological parent or legally adopt, you are immune from support claims.

 

[Germanator]

Thanks, I will write something up like a living together contract and we both sign it. That should be sufficient right.

Property and Finances Clauses
Property owned before living together.
Property of Y: per attached inventory list

Property of X: per attached inventory list


Property inherited or received by gift during the relationship.
Property that is inherited or received as a gift, during the relationship will be kept separate by either party. Property given to both parties is legally owned by both parties.-- this includes gifts that are received at a commitment ceremony or anniversary party, even if given by a relative or friend.

Property bought during the relationship.
Whichever party makes the purchase owns the property.
Expenses
Expenses are shared as followed:
X pays all rent and utilities
Y will pay X $ monthly towards rent and utility contribution Finances
Financial accounts such as checking, savings, 401K or brokerage accounts, their interest and capital gains are kept and maintained separate by each party individually.
Separation
If the parties X and Y separate, each will have the right to take immediate possession of their separate property and that all jointly owned property will be divided equally.
If there is property that is owned together -- but not in equal shares – shall be granted to the party that uses it most or by random selection.
There are no legal and or financial responsibilities such as child support that X has towards Y's son S.

We, X and Y hereby declare that there is no intention of being married.

Signed:

 

[WyattJ]

Good Luck

Good luck....after seeing that I would run for the hills.

 

[Germanator]

Re: Good Luck

Good luck....after seeing that I would run for the hills.

How come? Shouldnt I protect my property and she hers?
Seems fair to me if we both agree.

 

[WyattJ]

Protecting is very true.... but I guess I should have asked is this a love affair? Do you both plan on marrying? Some women would take this as an assault.