Legal Question in Family Law in Louisiana

Division of property, mainley house

Ia there any provision in the law that protects disabled people from having to forfeit all or part of home if he is permenantly and totally disabledand the victim of divorce and the spouse that is filling for divorce is not disabled


Asked on 3/31/06, 1:16 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Division of property, mainley house

I think this is really a question about ownership of property.

If a person is in a marriage and acquires property, it usually, but not always, is community property. If it is community property, then it belongs equally to both people in the marriage. If the marriage ends each should get half of that property and those debts. Just as persons with exceptional earning ability are subject to community property laws (though their contribution to the community might seriously exceed their spouse's), persons with exceptional disability (despite their greater need) are eqqually subject to those laws.

There might be separate property acquired during your marriage. A lawyer can advise you which, if any, of your property is separate

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Answered on 3/31/06, 8:04 am


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