Legal Question in Family Law in Louisiana

My ex-husband and I have not yet done our property settlement even though we are divorced. We just received a payment from an insurance company for damages during Hurricane Katrina to our home. I know that legally half of the money was mine as the checks were made out to both of us. I did not want to have a huge fight with my ex for half the money because I know that I am going to have to fight him for my half of our house and I cannot afford an attorney right now. So I had the lawyer who took the insurance company to court to draw something up saying that I signed over the checks and did not receive any of the proceeds at this time. I did ask my ex to pay 1500.00 towards our son's tuition (above what he pays for child support). He agreed to do this. Tonight he gave me a check for 1500 but in the memo section of the check he wrote "PAYMENT IN FULL ON HORACE MANN INSURANCE SETTLEMENT". If I cash the check does that mean that I am agreeing to that? We have no other written agreement in this matter.


Asked on 6/20/10, 7:47 pm

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

Yes you could be giving up your rights to a fair share. You need an attorney. If you keep depending on free sites to advise you then you will get what you pay for. If you do not type the situation exactly how it is, AND we do not read what you type EXACTLY HOW THE FACTS ARE, then the advice we give could cost you a lot! And you know none of us can be held liable for what we answer. Why is there going to be a HUGE fight......the law says each of you get half of the community assets, and owe half the community debts.....end of story. Fight him.

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Answered on 6/21/10, 4:23 pm


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