Legal Question in Family Law in Louisiana

My daughter and her husband are purchasing a house. They have convinced her to release all rights to the house. Her name will not be on the title. Upon divorce how will this effect her since Louisiana is a community property state. After so many years of marriage to this man does she accrue some kind of rights to the equity in the house since she has contributed to the marriage financially.


Asked on 9/24/09, 8:58 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

It does not matter how many years they were married. If they did not execute an agreement that they would be separate in property, then everything they earn or acquire during the marriage belongs 1/2 to each. It appears that your daughter may still be a child. Just because her name is not on the title does not mean she does not have an interest in the house, but I guess that they want her to state in the sale that she waives any interest in the house and it belongs totally to him. If that is the case, then he would own it 100% and she gets nothing if they divorce. She needs to see an attorney or just say no. Of course I may have misunderstood what you were trying to say in this matter.

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Answered on 9/29/09, 5:12 pm


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