Legal Question in Family Law in Louisiana

Mexican property/community property

Hello, I have an important problem, and I do not know how to find an answer. I hope that you can help me or refer me to someone who can.

I am from Louisiana. My husband is suing me for divorce in Louisiana. I own a small casa in San Miguel that is my name only. His name is not on the deed at all. However, he is still insisting that I owe him for a half of the value. Can you tell me if I owe him this, or since it is in my name only, I know him nothing.

I REALLY appreciate any help that you can give me.

THANK YOU!


Asked on 2/10/09, 6:11 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Mexican property/community property

Where were you married? If not in Louisiana, did you ever establish a matrimonial domicile in Louisiana? If you were married in Louisiana or you lived as man and wife for a time in Louisiana, the assets purchased during the marriage are presumed to be community. I assume you bought it during the marriage and unless the money used to purchase it can be proven to be your separate property, then it is presumed a community asset and the value will be put into the property settlement as an asset. If the money used to purchase the property was from your income, then community funds were used. Since the property is in a foreign country, there may be laws particular to Mexico that would affect the status of the property. I cannot help with that.

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Answered on 2/11/09, 7:34 am


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