Can husband witness wife's signature as to her separate property
I have another question about proper witnesses - when the land is situated in Louisiana. On several occasions I've had husbands witness their wife's signature when the wife was dealing with her separate property (and the husband wasn't a party, just a witness to his wife's signature). I've also had the reverse of this where the wife witnesses the husband's signature when its the husband's separate property (and the wife is not a party, just a witness). Seems like this is a fairly common practice with landmen.
My question, is this pracice in these circumstances (separate property) perfectly OK or would it be better to have someone other than the spouse witness the signing party's signature??? Any comments would be appreciated. Thank you.
My question, is this pracice in these circumstances (separate property) perfectly OK or would it be better to have someone other than the spouse witness the signing party's signature??? Any comments would be appreciated. Thank you.
Views: 462
Replies to This Discussion
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Permalink Reply by Jay Murrell on -
I disagree.
The short answer is he can sign as a witness.
There is nothing that I am aware of that would cause the husband's appearance as a witness to cause the wife's signature for a lease on her separate property to not be self-proving if the other conditions are met, i. e. another witness and a Notary's acknowledgement.
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Permalink Reply by Jay Murrell on
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KB, There is confusion about what two witnesses and a Notary seal gets you. When those criteria are met you have is a self proving signature. The absence of either does not invalidate the instrument.
In 30 years I have not had any problems with this husband/wife separate property scenario. I'll ask around and see if there are other opinions among my peers.
JM
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Permalink Reply by Two Dogs, Pirate on
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Get a dead witness, they tell no tales.
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Permalink Reply by Dorcheated A1 on -
No way man,
My wife will come back from the dead, just to screw with me.
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Permalink Reply by Harold5011 on
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Should they be dead before or after they sign as a witness?
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Permalink Reply by Two Dogs, Pirate on
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Before, like all those voters in Chicago.
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I was doing curative many years ago and the examining attorney asked for me to "make sure" a particular mineral owner was dead. i said "good as done". I found out later that all he wanted was a Death Certificate.
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Permalink Reply by Jay Murrell on
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LOL, Don Vito
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Permalink Reply by Skip Peel - Mineral Consultant on
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You know why they bury the dead above ground in New Orleans? It makes it easier to get them to the polls on election day.
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Permalink Reply by The_Baron on
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How about pets?, they can vote in NewOrleans, they should be good witnesses.
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Pets are fine too, but they tend to ask too many questions and generally will not sign until after they have read the entire document.
Here Fido
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Always caution younger landmen about bringing pets (especially dogs) into the early negotiations.
A long growl is telling the landowner, "better pass on this one". A real deal killer.
On the other hand, three barks in a row means "Drill, Drill, Drill" and always leads to more yellow on the map.
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