How is a Co-Owned House with a Mortgage Divided in Louisiana When There’s a Child from a Previous Relationship?

Question from boo, How is a Co-Owned House with a Mortgage Divided in Louisiana When There’s a Child from a Previous Relationship?

Answer from AI:

In Louisiana, the division of property in the event of a divorce or death can be complex due to the state’s unique community property laws. These laws generally dictate that any property acquired during the marriage is owned equally by both spouses, regardless of who actually paid for it. However, there are exceptions and nuances to these laws that can affect how a co-owned house with a mortgage is divided.

Community Property and Separate Property

In Louisiana, property is classified as either community property or separate property. Community property is generally anything acquired during the marriage, while separate property is anything owned before the marriage or acquired during the marriage through inheritance or gift.

If the house was purchased during the marriage, it would typically be considered community property and owned equally by both spouses. However, if one spouse owned the house before the marriage, or if it was inherited or received as a gift during the marriage, it would likely be considered separate property.

Division of Property in Divorce

In the event of a divorce, community property is generally divided equally between the spouses. However, the court may consider various factors, such as each spouse’s contribution to the acquisition of the property, the needs of each spouse, and the best interests of any children involved.

If the house is community property, both spouses would typically have an equal interest in the house. If the house is separate property, the spouse who owns it would typically retain it after the divorce.

Division of Property Upon Death

If one spouse dies, the division of property can become more complicated. Louisiana law provides that the surviving spouse inherits the deceased spouse’s community property, but only has a usufruct (the right to use and enjoy the property) over the deceased spouse’s separate property. The deceased spouse’s children from a previous relationship would inherit the separate property subject to the surviving spouse’s usufruct.

In the scenario you described, if the house is community property, the surviving spouse would typically inherit the house. However, if the house is separate property, the 23-year-old child from the previous relationship would likely inherit the house, subject to the surviving spouse’s usufruct.

Consult with a Legal Professional

The division of property in Louisiana can be complex, and the specific facts of your situation can greatly affect the outcome. Therefore, it’s important to consult with a legal professional who is familiar with Louisiana’s community property laws. They can provide personalized advice based on your specific circumstances.

For more information, you can refer to the Louisiana Civil Code and the Louisiana Supreme Court Rules.