The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-09-29
IT IS A VERY POOR LAW
That Permits a Man to I'M
poverish His Family.
tead exemption
not Understood.

The laws of Idaho governing the
disposition of real property are in
themselves peculiar, and allow the
husband a latitude in disposing of
the real property of both, not recog-
nized anywhere else in the Union so
far as we know.
Any real property not used as a
residence, or the homestead claimed
as such, may be disposed of by the
husband without the consent of the
wife, and without accounting to her
for any portion of the proceeds, thus
making It possible for drunken,
worthless or vicious man to reduce
his family from afiluence to compara-
tive poverty, as has been done in
many instances in different portions
of the state,
A man having several parcels of
real property, all save one being i'm
proved by valuable buildings, induces
his family to move on the one of lit
tie value on the plea that the Others
may draw a tempting rent, disposes
of them unheknown to his wife, the
purchaser has as perfect title as
though the wife had joined the hus-
band in the deed, and she is left
wholly without recourse, for the stat
ute says the husband has the control
of the community property with the
like absolute power of disposal as he
has of his own separate estate. And
once he has signed the deed to real
property, for value other than men
toned, any interest that the wife
might have had is gone, for no estate
in dover is allotted the wife upon the
death of the husband, unless it has
been secured by contract for mar
, riage settlement, acknowledged proved
and recorded as conveyance of rea
property.
Thus it is plain that a man ma,
: impoverish his family by disposing o
j. the property that the wife has devot
Y ed her life in assisting to accumulate
c while the exception made of tn
: homestead is of little Importance an
: could not be taken advantage of b
n one person in every hundred, as
t. does not become a homestead unit
certain statutory requirements haN
p been complied with, viz: an atfidav
,e or statement of homestead, Stain
that the person claims the property
(. homestead, also description of u
m premises and their actual cash valu'
s. This declaration must be acknow
,d edged and recorded in the office
e. the recorder of the county in whl(
n the land is situated
ne How many of the heads of famlll
who are claiming homesteads and a
i'll happy in the belief that they are ''e
at ecution proof, have complied WI
this provision of the law?
The old common law custom
allowing the wife her dover, or pc
od ton of the real estate of the husban
- and which has been almost universe
or adopted by the different states throue
.t out the Union, is not applicable
,.t Idaho, and as a consequence ma
nd instances have occurred where
to husband has clandestinely disposed
idle the community property, leaving
,;d family in absolute destitution.
nd This is wrong, and the statu
- should be revised, allowing the "
iii at least a third dover, for it
the most frequently the case that the "
has done more towards accumulat
hin the property than the husband, anC
tne allow him this unrestricted power
,a;r disposition is hardly consistent "
ON the fitness of things. -Nolmer
dette.
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