Legal Question in Family Law in Louisiana

Re: I can't seem to get a property setllement!

It is not uncommon for the spouse who remained in the marital home to be granted exclusive use and occupancy of the home without having to pay rental value for that use pending partition of the former marital community(i.e. a formal and final division of marital assets and liabilites). I question whether you are precluded from having the court reconsider whether you may be entitled to some rental value, particularly if you can demonstrate that any delays associated with having the marital community partitioned are not attributable to your actions and/or ommissions. As you may have been advised, expenses incurred by your former spouse to repair or "preserve" the value of the house could be used as a basis to claim "reimbursement" from you for 1/2 the cost of those expenses to be deducted from your share of the value of the marital assets. Although you do not mention whether there are other issues remaining before the court to be resolved such as child custody/visitation, or child or spousal support, and depending upon your particular circumstances, I think it would be advisable to consider the prompt filing of a Motion to Set for Trial or a Motion and a request for expedited hearing of a Motion to Partition Marital Community and perhaps include a request for rental value or, in the alternative, to terminate your potential responsibility for ongoing expenses or anything which may tend to erode the value of your share of the marital assets. You must have the issue of partition placed before the court.

Re: I can't seem to get a property setllement!

I cannot tell you why you are not moving forward, but in 32 years of practice, many times the man can really upset the woman by telling her all kinds of things that simply are not true. Get a lawyer in your area is all I can say.