Legal Question in Real Estate Law in Louisiana
Community Property Restoration
I lived in a foreign country, married there, and returned to the U.S. Before my wife could legally immigrate to the U.S., I decided to buy a home for us. Since she could not be present to sign as spouse, the lawyer prepared an affidavit for my wife to sign acknowledging that I bought the property with my own separate funds, which therefore became my own separate property. 10 years of marriage later, I now want to legally declare my wife to be co-owner of our home as if we had both bought the place together in the first place. How do we do this? The mortgage has been paid off for 5 years.
2 Answers from Attorneys
Re: Community Property Restoration
This can be done fairly easily in accordance with La. Civil Code Article 2343.1, which provides as follows: "The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property." This is normally done by a donation, which has to follow the formalities of a donation. That means it has to be by authentic act (basically signed by the parties before a notary and two witnesses). It would also have to be recorded in the public records. If you need any further assistance, please advise.
Re: Community Property Restoration
A donation is the way to go. Very simple, very inexpensive.
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