Legal Question in Family Law in Louisiana

I have been divorced over a year now and we never did a division of community property because her legal aid could not do it. During our marriage we bought a house, which I currently live in. Only my name is on the mortgage but since we live in Louisiana, the house is community property. She does not want the house but if I ever sell it, I don't want to have to give her half. Can she just sign an affidavit stating that she will not receive an money from the sale of the house anytime in the future? Can we do this without going to court?


Asked on 10/30/12, 8:44 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

If she were to sign such an affidavit, and 10 years from now you sell it and she can prove she never received close to 1/2 or the value of the community, then she can force you to give her more..........list everything that is community.....give each piece a value........subtract the amount owed on each piece.....then get a value less debt........then divide that in half and give her that amount and have a community property settlement done and Judgment signed by the court.

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Answered on 10/30/12, 3:13 pm


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