Legal Question in Family Law in Louisiana
paying the house note
my wife and I are separated and divorce was filed several months ago. she has the house and I have verbally agreed at this point to sign the interest in the house over to her, however she is still making statments that I am liable to pay half of the house note. Is this true? I do pay child support to her and have no use of the domicile whatsoever, our incomes are closely the same, I also have a condo payment of my own and she is currently paying the house note. these threats of making me pay half the house note, she states comes from her atty. I'm not sure of that.
2 Answers from Attorneys
Re: paying the house note
Hopefully your attorney is making a claim for her use of the family home during the divorce. The only reason you should worry about the note on the house is if she is not paying it. Technically she is getting credit for your half of the note, however, she is living there and you should make a claim for a credit for her staying there.
Re: paying the house note
I cannot give you a complete answer without speaking to you directly. Generally, speaking you are responsible for half of the house note. However, if provided for in the judgment giving her use of the house, she can be attributed the rental value of the house in a property division.
There are many factors, that also may apply, such as your respective incomes. Both of you are responsible for half of the community bills and are entitled to half of the community property.
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