Legal Question in Family Law in Louisiana
Community Property Responsibility
My husband and I are separated and I filed the divorce papers in Sept. He left the house and bought a boat to live on. The mortgage on the house is in his name alone, and he left it close to 3 months behind when he left and told me to ''figure it out''. I took a loan to pay the back payments and have been paying the house payments since. He fluctuates between saying he'll give me his interest in the house (can't refinance out ofhis name right now since my credit has been shot and I must rebuild it), and then saying he won't whenever he is mad at me. We have two young children that live with me and visit him every other weekend, although no formal visitation arrangements have been made yet. He tells me that he is no longer responsible for the house notes because he has a boat note to worry about. Is this true?
2 Answers from Attorneys
Re: Community Property Responsibility
If you don't pay the note, you will be foreclosed upon. You will have a right to claim his 1/2 of the note as a credit when your community is settled. You really need to speak with the attorney you are paying to do your divorce and partition. Getting an answer here only gives you a ballpark answer to your question. Each person's case is unique so no answer fits all situations.
Re: Community Property Responsibility
Both of you are responsible for half of the community bills.