3+ years ago...my boyfriend and decided that we were going have our relationship go into longevity so he moved me out here on the property that he owns . His parents 70 and 80 years old were in transition into a retirement center down the road. He asked me if I minded if they stayed out here with us. We have 13+ acres, a big house and a self contained guest house. He and I married Dec. 27th,2011. His parents are both senile, alzheimers, physco nuts. I can't even begin to tell you the whole story. Right after I moved out here as we were rushing out to door to get him to the airport to leave for a job....his parents bamboozled him to signing a little peice of scratch paper saying they had the authority to make whatever decisions they needed to in his absence. I do know that Texas law states that if their was not a power of attorney drawn up and signed in front of a notory that the piece of paper he signed is in fact worthless. Since they have been out here they have taken over this whole property. My husband was horribly abused by his father when he was growing up and that's why he will not take control. Now at 80 years old his father wouldn't dare raize a hand to him howeve, he has resorted to bullying, manipulation, intimidation and bamboozling. He'll ask if he can do something but, he never tells you what his full intentions arethen he does what ever he wants to to. They pretty much boss me and my husband around.
What I want to know is what rights do I have as his wife on this property? My name is not on the deed which I think is BS. I am 1/2 second from seeking some legal counsel over this. I've had to start hiding money in my purse because he spends every dime he makes. This past year, my health has gone straight to the pits because of the stress. Even If I wanted to work, I probably couldn't hold up to it.
And BTW his father stills verbally abuses his mother EVERYDAY!!! And he has done it to me 2 times now and even told me to get my a-- out of our own house.
His only child we lost to cyctic fibrosis in September and he has a 3 year old grandson. I have 2 grown children, living on their own and 5 grandchildren.
Let me give you some details...As a 6/7 year old my mother worked for 5 attorneys. I had the luxery of going to her office on the weekends to file legal docs. Very boring so I read what I was suppose to be filing. since that time I've had the opportuninity to be around many attorneys for various personal and business dealings. I know Texas family law pretty well.
When his parents had my husband signed this little piece of scratch paper we were rushing out the door heading to the airport to get him to a job.
For those of you that don't know....In the state of Texas whatever is scribble on a piece of paper is not valid. It HAS to be a legal document drawn up and my husband would have had to be present in front of a notory. I already knew this however, I did confirm that with an attorney.
The parents have taken over the house and 8 out buildings. Since they moved on the property it looks like white trash live here. I wasn't raised that way.
I'm very aware that unless he puts me on the deed to the house or draws it up in a will then I can't touch it. Right now I do have access to the insurance policies. However, if there is no will it's called intestate. The State comes in and takes over the whole mess.
One issue with his father is he has told me many times that he almost bought this property before my husband bought it. So there is some jealousy going on. I've been counseled the last year and these people are what you call 'TOXIC PERSONALITY" and "TRIANGLING IN FAMILIES" so there are some mental issues going on.
What his parents want to do and have done is control me and my husband. They hate me because evertime something goes on out here when my husband is gone I immediatly tell him about it. Here are a few for instances....
1. I caught them giving their narcotics to the next door neighbor guy who is bipolar, alcoholic and drug addicted.
2. They took one of my husband's trailers that he bought but the guy never gave him the titile.....went to the courthouse filed for lost title and put it in their name. Never told my husband but, his mother told me just to see if she could get a rise out of me.
3. They drag all kinds of animals out here and they don't get fed, watered or sheltered properly. I have a huge problem with that.
4. At one point when the quest house was being worked on they befriended the carpenter. He himself is an alcoholic/drug addict who had a girlfriend also addicted. This woman had already had 3 children that had become wards of the state. She had another daughter and the carpenters baby girl. Those 2 children have been taken away as well. Keith and I made the decision not to let the carpenter by himself move out here and his Dad overrode him and let him move out here. Ok, so here all the children have been either wards of the court of in foster care....guess what? He gets her pregnant again. It took us a year to get him out of here. We came home after Christmas year before last only to find all of mine and my husbands belongins dropped off out in the nearest out building. They had set up this rusty trashy bed on relativly new carpet, in OUR MASTER BEDROOM for this idiot.
My husband finally got it when I told him that we didn't allow our children to behave the way this guy was.. Why were we paying for a roof over his head. One thing you need to know about this puzzle is that when the youngest brother went off to college is when they started having people come move in with them. They had no one to triangle with.
The mention of divorce has not even been said between me and my husband. However, for my safety, when he gets home we do need to sit down and talk about the legal issues.
Also, the deal was, since their house sold more quickly than they expected that they would come out here and stay until they could move into the retirement home. Then they would be here sometimes and there sometimes. However, the parents failed mention that this moving into the retirement home may not be a for sure thing. We found that part of it out 2 months ago. This is very common behaviour for the father. He tells you what he thinks you want to hear so you agree to it then he just does whatever he wants to.
Another piece of the puzzle is that my husband is literally a genius. He has no common sense whatsoever. Me on the other hand, where I'm not a stupid person has more common sense than I probably need. I left home at age 15 after losing my mother at 14.
More Answers
J.W.
answers from
St. Louis
on
Not sure what you want. The only thing that is marital property is what he has earned in the few months since you have been married. You have no legal right to assets he had before you were married.
Basically the only rights you have is to live there while you are married. You have the right to his income. His parents can't kick you out but he can.
I would love to be more positive but if you came into this with nothing that is all you own. :(
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E.T.
answers from
Albuquerque
on
Hmmm... not sure what sort of legal anything you could do if your husband is allowing his parents to make decisions for him and boss him around. It really doesn't matter if they have a piece of paper with his signature on it or not (because all he'd have to do is go to any notary and renounce the power of attorney he provided previously). It sounds like your husband simply can't stand up to his parents. If he decides that he wants to, have him tell his parents that they can't make decisions in his absence. It's really that simple.
If you decide that you can't handle the situation and you want out, it's worth noting that Texas is not a community property state. What that means is that any property you owned prior to your marriage is yours alone, not both of yours. That means that the house and land that you live on are your husbands, not both of yours (since he owned it prior to your marriage).
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S.S.
answers from
Chicago
on
I am kind of disecting your letter (sorry went to Paralegal school). So you first said property he 'owns' so...does he have anything that is in his name or is it just that he is the son and moved there.
Next, he was going somewhere? For how long? Why do parents have to quick write a note saying they are able to handle whatever it is they think they have to handle? (Such as...???)
If they pretty much boss you around, I seriously think that you can both tell them they ought to shut up.
Comment: thank goodness you are saving money somewhere!! that is always my advice and so many don't do that-you go girl!!!
If your husband was abused, you weren't so tell them to stuff it.
Tell hubby the next time a little piece of paper is shoved in his face that he decides to blow his nose on it.
This is seriously very sad. Your husband sounds like a very nice man, who sadly spends money because he is nervous and wants to feel better and he needs to step up to the plate and realize he is a grown up, his parents won't beat him and that he is taking care of a beautiful wife and running a home. Legal counsel might be a good idea, but it sounds more like he needs to understand it is okay now as a grown up to say no to his abusive parents. Good luck!!
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C.C.
answers from
Houston
on
What is the bottom line on your question. If you are saving money on the side to leave your husband...and then go to an attorney to see if you can force your husband to sell the property and give you half the profits....I'm betting you would be willing to make a clean getaway...that is....if you could get money from the property....perhaps your grown children and all 5 or 6 of those grandchildren could use alittle extra and maybe a trip to DisneyWorld. It's not that easy in Texas.....maybe you should go do your gold digging elsewhere.
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☆.A.
answers from
Pittsburgh
on
Your husband owns the property--not his parents, right? I think your husband needs to add you to the deed. You're married to him now.
As for what his parents did in the past, and whether they're horrid people, until your husband stands up to his father, nothing's going to change. I'm glad you're squirreling away some money.
This might be a case of "put up with it or shut up about it or LEAVE", ya know? Good luck!
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M.M.
answers from
Chicago
on
I am not sure what is it you are looking for. It looks the parents are not as senile as you think, they managed to get the POA . Perhaps the "bullying, manipulation, intimidation and bamboozling" are done to protect their son. And only a fool will disclose his intentions right out... seems like these people are no fools.
Will you get the house if you divorce your husband? I'd say, not a chance based on what I know about such things. What will you get? Probably nothing, not even alimony because your marriage is too short and you are not working because you are not able to do it not because of other reasons.
What rights do you have in his house - the same as everyone there, he allows you to live there. That's about sums it up.
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A.E.
answers from
Waco
on
I am very puzzled by your question. You say the parents had him sign a piece of paper saying they had authority to make decisions... what decisions are we talking about exactly? You say that they have "taken over" the whole property... what do you mean by "taken over"? You did invite them to live there instead of the retirement home, right? I'm just not sure what you mean by "taken over".
Your question is in regards to what legal rights do you have as his wife. For the best answer, you would need to consult an attorney on that issue, not a website like this. I guess my question is, what do you plan to do with the information once you get it? Are you trying to leave your husband and want to know if you can take half the property value?
Finally, I think it is important you understand that Alzheimers is a disease that has nothing to do with being a "psycho nut". Regardless of what has happened in the past, this disease is cruel and agonzing for both the patient and their loved ones. If your in-laws have been diagnosed with alzheimers (which I can only assume they have since I cannot imagine someone using that word as slang for another mental disease or disorder), then whomever is caring for them will need an enormous amount of patience and stamina. Please don't take this the wrong way, but it sounds like you do not have either. If you aren't up for the task, then you and your husband need to find them a place that specializes in the care of alzheimers patients. It sounds like that may be best for everyone involved.
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B.C.
answers from
Norfolk
on
Talk to a lawyer but all you have to do is bide your time and out live them.
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N.G.
answers from
Dallas
on
Consult a lawyer familiar with property laws in Texas.
Mentally incompetent people cannot sign contracts, but they have to be declared mentally incompetent.
Community property laws in Texas are clear. If you claim your homestead on that property, then it is 1/2 yours.
Have you tried talking to your husband about this?
I don't think anyone here can help you with this.
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J.H.
answers from
San Antonio
on
If he's been diagnosed with Alzheimer's I would go to an attorney and have him legally declared incompetent. This would make your son his legal guardian. At that point, I would have him moved into a care facility that can handle people with Alzheimer's.
I know this is hard on you and your health is getting bad. I would tell your husband that if he doesn't help deal with this and change things that you're moving out. If you don't, it could make things so much worse (health-wise) and possibly cause irreparable damage.
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P.H.
answers from
San Antonio
on
Pack your bags and go visit your kids. You let your husdand take it but you done have too. Tell him you be back when you feel better. In about a month.
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S.L.
answers from
San Francisco
on
Hmmm...I thought contract law in general states that any contract signed by a mentally incapacitated person is a voided contract. I am paraphrasing very loosely here.
Not sure if there are laws in TX superseding this...if the dad is dx'd with Alzheimer's I think he would be considered legally incompetent, and therefore unable to execute a contract.
Check with an attorney and let us know how it turns out...
