Spousal Rights to Separate Property

[leejrad]

I live in Texas and my wife and her brother were just gifted some farm land and a farm house. I understand that this is considered separate property under Texas law. From what I understand this means I have no rights on the property. The problem is that my wife and brother-in-law want me to have property management type rights. The ability to put the water service in my name or make deals with a farmer to cut hay, etc.

Most importantly though we want for me to have the right to deal with the authorities on my wife and brother-in-laws behalf. I don't know how that works. For example: Say I am the only one down there and an uncle were to come on the property and I asked him to leave. If he refused and I had to call the Sheriff, when the Sheriff asked if I owned the place, I would have to say no. And in that case the uncle is just as related to the property owner as I am. So I imagine the Sheriff would have to just leave. Or for example, we see on security cameras that the uncle is coming on the property while we are not there and we want a restraining order against him. I want the ability to file such a document on behalf of my family.

I don't want to be added to the deed as it is 6th generation family property.

Any suggestions on a particular legal process we can follow to confirm my authority on the property would be helpful. If I am misunderstanding the law and already have such rights as a spouse of the owner, please explain where I can find confirmation to such rights.

Thank you,
Lee

 

[CTU]

I live in Texas and my wife and her brother were just gifted some farm land and a farm house. I understand that this is considered separate property under Texas law. From what I understand this means I have no rights on the property. The problem is that my wife and brother-in-law want me to have property management type rights. The ability to put the water service in my name or make deals with a farmer to cut hay, etc.

Most importantly though we want for me to have the right to deal with the authorities on my wife and brother-in-laws behalf. I don't know how that works. For example: Say I am the only one down there and an uncle were to come on the property and I asked him to leave. If he refused and I had to call the Sheriff, when the Sheriff asked if I owned the place, I would have to say no. And in that case the uncle is just as related to the property owner as I am. So I imagine the Sheriff would have to just leave. Or for example, we see on security cameras that the uncle is coming on the property while we are not there and we want a restraining order against him. I want the ability to file such a document on behalf of my family.

I don't want to be added to the deed as it is 6th generation family property.

Any suggestions on a particular legal process we can follow to confirm my authority on the property would be helpful. If I am misunderstanding the law and already have such rights as a spouse of the owner, please explain where I can find confirmation to such rights.

Thank you,
Lee

Is there a reason your wife and/or brother-in-law can't do these things themselves?

What threat does the Uncle represent?

 

[NIV]

You don't need to have "ownership" to exclude others, you need "possession". Possession can be given by an owner to you and it does not require any specific method. Depending on what you want to do and for how long, some states have statutes that would require you to have the possession memorialized in writing.

 

[Zigner]

Seems to me that a power of attorney would suffice.

 

[leejrad]

Is there a reason your wife and/or brother-in-law can't do these things themselves?

What threat does the Uncle represent?

My brother-in-law is 6 years younger and differs to my wife and I for most of his decisions. He's a good kid but is just too young to put in the effort at the moment. He also is Extremely non-confrontational and would rather I handle these things. My wife is just much more comfortable with me handling business. It's just how our relationship has always been. We share everything but it's my job to pay the bills, file the taxes, deal with crazy uncles etc.

I'm not yet sure what kind of threat the uncle is. I know he is fond of creating scenarios in his mind to make other people the "bad guy" to justify his bad behavior (putting a lock on the water meter because the previous owner didn't sign an easement the day the uncle asked for it). That's part of the reason the land has been signed over, because the previous owner was sick of dealing with it. I have also heard him on multiple occasions refer to the property as "my dad's" or "my grandmas" in reference to him believing the property and it's contents don't belong to the current owner, but to his dead ancestors, therefore he believes he is entitled to the property and it's contents. He knows legally this is untrue, but is fond of suggesting "my dad wanted us to share this."

I don't want to speak too negatively about the uncle in particular as he has not done anything of consequence yet. I just want to know my rights in case he does.

 

[LdiJ]

My brother-in-law is 6 years younger and differs to my wife and I for most of his decisions. He's a good kid but is just too young to put in the effort at the moment. He also is Extremely non-confrontational and would rather I handle these things. My wife is just much more comfortable with me handling business. It's just how our relationship has always been. We share everything but it's my job to pay the bills, file the taxes, deal with crazy uncles etc.

I'm not yet sure what kind of threat the uncle is. I know he is fond of creating scenarios in his mind to make other people the "bad guy" to justify his bad behavior (putting a lock on the water meter because the previous owner didn't sign an easement the day the uncle asked for it). That's part of the reason the land has been signed over, because the previous owner was sick of dealing with it. I have also heard him on multiple occasions refer to the property as "my dad's" or "my grandmas" in reference to him believing the property and it's contents don't belong to the current owner, but to his dead ancestors, therefore he believes he is entitled to the property and it's contents. He knows legally this is untrue, but is fond of suggesting "my dad wanted us to share this."

I don't want to speak too negatively about the uncle in particular as he has not done anything of consequence yet. I just want to know my rights in case he does.

There is clearly some family discord and differing beliefs as to family rights.

Your wife and her brother need advice from a local attorney, not from an internet forum. The two of them could give you power of attorney to deal with a lot of issues, but POAs have limitations.

 

[Ohiogal]

Seems to me that a power of attorney would suffice.

NOT for filing things in court.

 

[latigo]

You don't need to have "ownership" to exclude others, you need "possession". Possession can be given by an owner to you and it does not require any specific method. Depending on what you want to do and for how long, some states have statutes that would require you to have the possession memorialized in writing.(?)

WHAT!

Excuse me please, but from whence do you come up with this nonsensical and quizzical expression, "possession memorialized in writing"?! What is that supposed to mean?

Did you retrieve it from the same secret stash from which you recently proclaimed that a court sitting on a divorce case has jurisdiction over the husband and wife ("people" as you put it) BUT NOT OVER THEIR MARITAL PROPERTY?

And that if there is a family home involved that a separate lawsuit in the nature of a "quiet title trial" is required in order for the court to issue orders respecting its disposition????

And just what states have statutes mentioning anything whatsoever about "possession memorialized in writing" or "memorializing" anything but the deceased? Can you give us a citation or are you going to fess up and admit that you have about the same qualifications to address legal question than I have in lecturing on quantum mechanics.

 

[CTU]

WHAT!

Excuse me please, but from whence do you come up with this nonsensical and quizzical expression, "possession memorialized in writing"?! What is that supposed to mean?

Did you retrieve it from the same secret stash from which you recently proclaimed that a court sitting on a divorce case has jurisdiction over the husband and wife ("people" as you put it) BUT NOT OVER THEIR MARITAL PROPERTY?

And that if there is a family home involved that a separate lawsuit in the nature of a "quiet title trial" is required in order for the court to issue orders respecting its disposition????

And just what states have statutes mentioning anything whatsoever about "possession memorialized in writing" or "memorializing" anything but the deceased? Can you give us a citation or are you going to fess up and admit that you have about the same qualifications to address legal question than I have in lecturing on quantum mechanics.

I imagine a huge gathering of the quills at the foot of the Lincoln Memorial. Weather permitting, naturally.

 

[NIV]

WHAT!

Excuse me please, but from whence do you come up with this nonsensical and quizzical expression, "possession memorialized in writing"?! What is that supposed to mean?

I'm going to have to assume you are either an idiot or one of the small percentage that give lawyers a bad name. If the former, it is good you have something to do with your time. If the later, it "mean"s the statute of frauds. If I'm talking to an idiot, that might apply if the possession of the land is to last for more that a year by its terms. (Often called a "lease".) It would not apply to possession by a girlfriend invited over on a Saturday night even though she might exclude others without such possession given by an owner.

Did you retrieve it from the same secret stash from which you recently proclaimed that a court sitting on a divorce case has jurisdiction over the husband and wife ("people" as you put it) BUT NOT OVER THEIR MARITAL PROPERTY?

You might want to post any issue you have with my postings in that thread. You might also want to correct your misspelling of my beloved university.

And that if there is a family home involved that a separate lawsuit in the nature of a "quiet title trial" is required in order for the court to issue orders respecting its disposition????

You might review the divorce court's jurisdiction over a property settlement years ago in regards to a deceased party in THAT thread over hijacking this one and pulling it under your bridge.

And just what states have statutes mentioning anything whatsoever about "possession memorialized in writing" or "memorializing" anything but the deceased? Can you give us a citation or are you going to fess up and admit that you have about the same qualifications to address legal question than I have in lecturing on quantum mechanics.

I think all of them do. Perhaps Louisiana does not.

 

[Zigner]

NOT for filing things in court.

Agreed. However, everything else the OP asked about can be accomplished by the attorney in fact.