Legal Question in Family Law in Texas

I am not married but my boyfriend and I have lived together for 6 years now. I was awarded some money when we first met and I gifted the money to him for a down payment on our house. The loan is in his name but I've given him the money to make the payments all these years. My name is on the house but not on the loan. Now the realationship is over and he is refusing and leave the house and we are both wanting custody of our 6 year old child. What can I do get the house and custody of the child? I also need to add that I can't claim common law due to the fact that I am still currently married to another man who I've been separated from for many years now.

Asked on 6/07/10, 3:27 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

You would file a paternity suit and ask the Court to give you custody of your child. That will take care of the question about the child. Get ready to pay a big retainer fee to a lawyer.

As for the house:

Does his name show up on the deed to the house (along WITH your name)? It makes a difference.

Your remedy will be to file suit to evict him from the house. You are the owner, he is a tenant at will, and you file that lawsuit in the Justice Court.

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Answered on 6/08/10, 4:09 am

Fran Brochstein Attorney & Mediator

As you can see, now you've got a real mess on your hands.

I highly recommend PATRICIA BUSHMAN in the Houston area. Right now, I'm not taking contested cases since my mom is sick.

Her phone number is 713-807-9405. Talk to Jessica in her office. Pat is in court all the time so don't ask to talk to her. Tell Jessica that FRAN sent you. Mentioning my name will get you the "Fran special discount". Pat is a real fighter.

The child and the house are 2 totally separate matters.

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Answered on 6/08/10, 11:11 am

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