Can my husband take what I own if I see a psychiatrist and take medication?

My mother wants to know if she see's a psychiatrist and take medication can my dad claim my mom insane and take her property from her? (titles to land and big purchases...)

Also, My mom is thinking about getting a divorce because she is tired of fighting with her husband and trying to make things work. she recently had a restraining order issued against her, to her that was the final straw.

She feels terrible and exhausted all the time and is worried about what will happen to us and her property.


Most Helpful Guy

  • No, merely seeing a psychiatrist and getting medication alone isn't enough to have you declared mentally incompetent. If I recall, that will take more like a declaration from the psychiatrist, or a judge's order. He could call the cops and make a false claim, make trouble, but it takes a lot more than that to make it official and legal.


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What Girls Said 3

  • Tell your mom to stop "thinking about getting a divorce", she needs to get a good divorce lawyer and dump dad and dump him fast! No, he cannot claim her "insane and take her property" just because she is under a shrink's care for "head and med", if you will pardon the pun. Only can HIS divorce lawyer and a court of law prove anything if she should be found to be an unfit mother or putting you and herself in some sort of harm's way. The only negligence I am seeing her commit here is she is driving herself crazy all the time because of daddy-o, and the sooner she gets rid of him, the sooner she will save not only her property---but her INSANITY as well. Good luck to you both, sweetie.

  • shes probably seeing a shrink because of the emotional trauma your dad is putting her he can not take her half due to mental issues.Tell her to find a good divorce attorney and to list everything she wants in the divorce. I was on meds when I divorced and he tried to use it against me to no avail

  • He is probably just going to try to play that "insane" card since he knows he has no other cards left. And you should know being 'insane' to the point of medically unfit would mean she could not even think for herself which I doubt she is at that level and also even being literally insane your property is still yours. You have to sign documents to give your titles away, they cannot be forcefully taken. So you stand by her side throughout the divorce and all will be fine. Don't worry. With you and a good attorney, she'll be great :) Especially when it's all over. Good luck.


What Guys Said 1

  • Contact a local attorney familiar with the state marriage laws. I seriously doubt that just because she's under the care of a psyciatrists that he has any rights to her property. A person is NOT insane just because they see a psychiatrist or take prescribed medication. And no, your dad cannot claim that she is insane. He is not qualified to do that.

    If property is in her name she has rights to it until she signs the papers over to another party. If she is determined by a doctor to be mentally unfit to sign such papers, meaning she's not capable of understanding that she's signing her property over, then a party she has predetermined and approved by law (power of attorney) or one appointed by the court to represent her can sign the papers. But please discuss this with a local attorney if you have questions.