Legal Question in Family Law in Louisiana

house

my mom and dad are divorce have been for over 6yrs my mom still lives in the house they bought together my dad is remarried the house is still in my mom and my dads name my dad has cancer if he was to pass away would his now wife have any right to the house when my self and my brother are stil alive


Asked on 10/09/08, 7:24 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: house

I am assuming from your question that the house was never partitioned after the divorce. Should your father die without a will, the new wife may have a claim for 1/2 of any community property funds spent on the house during her marriage to your dad if he was helping pay the note or other expenses of that house. If he has a will, and you and your brother are over 23, then he can leave whatever he has to whomever he wants.

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Answered on 10/10/08, 7:31 am
Wayne Allison Allison Legal, LLC

Re: house

She might. You need to check the divorce decree for how the house, as a joint asset, was to be divided. If the house is still legally considered joint property, then the "now wife" may have a shot at jointly owning it with your mother. Also, if your father doesn't have a will, advanced directive, and appropriate power of attorney, he should consider it.

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Answered on 10/09/08, 7:39 pm


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