I was arrested last night for criminal tresspassing @ my own residence. I was wondering how is that when me and my "wife" of

Sounds like you have numerous defenses. If you live in the property, own/rent the property, or were lawfully there in the first place a trespass conviction would not stand. Of course, I don't know the other side of the story or what the police would say. If you can not afford an attorney, the public defender should be appointed. I don't know the specific laws in Texas, so please consult them. However, some of the same principles may still apply and you are welcome to look at our thoughts on Florida law:

Under Texas a law, a person commits an offense if he enters or remains on or in property ... of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so (TX Penal Code 30.05).

Obviously, when you are on your own property, you cannot commit this offense. For the police to have charged you with this offense, they must have believed (based on what they assumed or were told by your wife) that you were not on your own property and that she was the exclusive owner of the property. It sounds that you could prove that you had received ownership of the property through your mother-in-law by paying off the back taxes.

Unfortunately, you now have this criminal charge and need to defend yourself against it. You should contact a local criminal defense attorney ASAP to protect yourself and your rights. Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.