Legal Question in Family Law in Louisiana
My mother and stepdad was married for over thirty years. My mother had seven children prior to marriage to my stepdad. Together they had 4 children. They both pass approximately six years ago. Somehow during those years my stepdad remoldel the house and put the house in his name only! I do believe he intentionally did this! Who have rights over the house?
2 Answers from Attorneys
The house is community if purchased during the marriage no matter whose name it is in. One half will go to your mother's heirs and one-half will go to your stepdad's heirs. A succession must be filed on each, starting with the one who died first.
You need to open both successions. A house purchased during the marriage is community unless the documents say otherwise. If your stepdad put his separate money into the house there may be some reimbursement, but the house is half to each IF the house is community. If it is community, you would have a right to 1/11th or 1/2, or 1/22nd of the worth of the house less debts. His/her 4 kids would have a right to 1/11th each of her 1/2 or 1/22nd each. Plus they would get 1/4th each of his 1/2 or 1/8th each of the house. So, you would get 1/22nd of the whole house.
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