Legal Question in Family Law in Louisiana

Re: Property in divorce

You do have a right to check on the house as it is one half yours. You will need to petition the court and get the authority to 1. Check on the property, 2. Live in the house until sold, 3. Have the locks changed and you then have the keys to the property. What ever you decide to do contact a local attorney for advice because your xx is going to be angry one way or the other and he could possibly file charges for destruction of property (locks). What's the big deal anyway? He's making the payments and it is no skin off of your back, unless, of coarse you want to live in the home and you do have a right. Even if you only have to pay one half of the note as rent, it may still be feasible.

Re: Property in divorce

Unless you left something out of your explanation, you can go on the property and into the house. I think you can change the locks back so you can have access. But if you were not allowed to go to the house by court order, then go back to the court and it will undoubtedly let you have access. You have exactly the same interest in the house being in good condition as your ex....

Re: Property in divorce

Dear LawGuru Friend,

Yes, you are right! He has no more right to access to the house than you. You have as much right to access the house as he. Of course, I suggest you first make this clear to him and suggest to him a joint set of keys so that both of you may access the house. If he does not agree to furnish you a set of keys, then I think you have every right to have a locksmith help you gain access to the house. Surely the locksmith can make you a set of keys so that your husband can still access the house, as well as you. Of course, the details of how you are to gain access to the house will have to be worked out. Perhaps you can make demand on the real-estate agent for a duplcate set of keys, as you are just as much an owner of the house as you husband, and you have every right to demand of the real estate agent the right to duplicate the key or keys. You husband is being unreasonable, and you might even be able to sue him for damages for denying you access to that which is yours, as well as his. Now you might not want to sue him for damages, but I think you have that right. If it gets to that point, this is an "Ace" that you might play. As I say, he is being unreasonable. Watch your time limitation for filing for a partition of the community property. Seems to me like there might be a three year statute of limitaitons dating from the judgment of divorce, although I am not sure of that without referrinig to the Civil Code. It might be that that three year limitation refers only to applying for permanent spousal support. My thinking is that there should never be a deadline for seeking to partition community property. If you care to e-mail me at [email protected], will look up that three-year provision of the Civil Code and tell you exactly what it says. You need to let the real estate agent know that since you are a half owner of the house, you are not responsible for any real estate commissions should the house be sold; and although you might agree to sign the deed for half of the proceeds of the sale, nevertheless, you are not responsible for half of the real estate commission; and that if the real-estate broker want a commission on the sale of you half of the property, it needs your co-operation as well as your needing its co-operation; and what you want out of the real-esate broker/agent is a set of keys. Hang in there! You have more rights than you may realize. Your x-husband is a bully. He probably bullied you during the marriage, and he is continuing to do so. Don't let him walk over you. Best of luck!

Sincererely,

Hardy Parkerson, Atty.

3309 Common Street, Suite B

Lake Charles, LA 70601

(337) 478-6126; FAX (337) 477-2143