What Happens to a Co-Owned House with a Mortgage in Louisiana When There’s a Child from a Previous Relationship?

Question from boo, What Happens to a Co-Owned House with a Mortgage in Louisiana When There’s a Child from a Previous Relationship?

Answer from AI:

In Louisiana, the distribution of property after the death of a co-owner can be complex, especially when there are children from previous relationships involved. Louisiana is a community property state, which means that generally, property acquired during a marriage is considered jointly owned by both spouses. However, there are exceptions and specific rules that apply.

Community Property and Separate Property

In Louisiana, property is classified as either community property or separate property. Community property is typically everything that was acquired during the marriage, while separate property is what each spouse owned before the marriage or acquired during the marriage through inheritance or gift.

If the house was purchased during the marriage, it would generally be considered community property. However, if one spouse owned the house before the marriage or inherited it, it would be considered separate property.

Impact of a Mortgage

The existence of a mortgage does not change the classification of the property. However, it can complicate matters, especially if the surviving spouse is unable to afford the mortgage payments on their own. In such cases, the surviving spouse may need to sell the property or refinance the mortgage.

Children from Previous Relationships

In Louisiana, if a person dies without a will (intestate), their separate property is divided among their descendants. This means that if the house is separate property, the 23-year-old child from a previous relationship could potentially inherit a portion of the house.

However, if the house is community property, the surviving spouse would typically retain their half of the property, and the deceased spouse’s half would be divided among their descendants. This could result in the surviving spouse co-owning the house with the deceased spouse’s child.

Seeking Legal Advice

Given the complexity of these issues, it’s recommended that individuals in this situation consult with a legal professional. A lawyer can provide personalized advice based on the specifics of the situation and help navigate the legal process.

For more information on Louisiana’s inheritance laws, you can visit the Louisiana State Legislature’s website. For general information on inheritance and estate planning, the American Bar Association’s Estate Planning Resources can be a useful starting point.