Legal Question in Elder Law in Louisiana

In 1980 my husband sold ALL of our property,fish camp,bass boat and so forth while I was in Texas helping my daughter with her 18 month old with a newborn in hosp.My husband in Louisiana called me in Texas and told me not to come back because he had sold everything.I got my kids pics and one suitcase of clothes.I was stupid enough to remarry him again in 1992 and now he's been in and out of mental facilities and sits watching tv most of his waking hours..I'm scared of him because he is a dangerous old man.He signed over (noterized)his half of this fish camp we live in and I have made arrangments to trade it to a couple with 2 children that were burnt out(lost everything)for a nice travel trailer for him to live in and enough cash for me to rent an apt(low income)and moving costs.Will I be legal to go ahead and do this(he also will get an almost new pickup(paid for).I'll be on foot but it would be worth it.Please let me know something.I live in constant fear of him.He said he would not agree to a divorce and at 74 yrs old,it doesn't matter to me.


Asked on 9/24/12, 2:00 pm

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

You will need to have an attorney handle this because land titles are tricky. Perhaps the buyers can pay the costs. If the title has been legally changed in the parish property records to reflect that it is solely yours, you can sell or trade as you wish. Otherwise, you will both have to sign. If he is mentally unable to sign, you would have to interdict him and be named his curator prior to selling.

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Answered on 9/27/12, 4:37 pm


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