Legal Question in Family Law in Louisiana
Divorce/Community Property
My friend's ex-wife has abandoned the responsibility of a home owned by both parties. The house is being rented via a verbal agreement. My friend handles the transaction of paying the note each month on the home. The person renting the house would like to purchase the home, but cannot obtain contact with the ex-wife (who moved out of state) to have a purchase agreement of legal documents signed. Is there anything that can be done?
1 Answer from Attorneys
Re: Divorce/Community Property
Obviously no partition of the community was done in the divorce proceedings. That needs to be done. If the ex cannot be found, an attorney will be appointed to represent her. If the court finds she has an interest in the house, then your friend can ask the court to sell the house to the renter(no one can be forced to own property with another person). If the court agrees the price is reasonable, then the sale takes place and the ex's money is put into the registry of the court and held for her if she ever surfaces again. Of course should the court rule that your friend gets the house, no problem.
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