Legal Question in Disability Law in Louisiana
i have a friend ask me to pull her mortgage papers at the local clerk of court. The wording is somewhat strange and she wants to know what it means. "dealing with his separate property, acquired with his seperate funds and administered separately by him and the said **** aforesaid, of the age of majority and residing with her husband, , aforesaid, apperaing herein to acknowledge said facts, and to waive homestead," My friend did sign this and was told by her husband that she would still get her half of the house at his death. But after reading this i am not sure. Can you please claify. This was done in the state of Louisiana and was aquired during their 20 year marrage.
2 Answers from Attorneys
It sounds like a waiver of her rights and an acknowledgement by her that he is purchasing the house with separate funds, making it is separate property. She would not be entitled to any ownership portion upon his death. She should speak to an attorney.
You said "acquired during their 20 year marriage." Does that mean it's over? If so, the property split would be determined in the divorce and partition of community. However, either way, it seems that she is acknowledging that the property is "his separate property purchased with his separate funds." She could challenge this at the divorce by showing it was not purchased with his separate money. However, to say she would get her half at his death could mean he put her in the will because she has no right to 1/2 of any of his separate property unless given to her in his will. Unless of course there are no children and he does not give the property to someone else, then she could get all of it at his death. But as Mr. Lambert said, find an attorney to discuss this with.
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