Legal Question in Family Law in Louisiana
Surviving spousal rights
If a father dies and is remarried at the time of his death, how does property/vehicles bought with his surviving spouse get divided. He has children from the previous marriage. 50% to heirs and 50% to surviving spouse. or Her 50% plus 50% of his share and children get remaining 25%. Spouse is living in house purchased by husband prior to marriage does she have continued use of home or can she be forced to move by husbands heirs from home. Am aware that she has no rights to sell homestead or property he had acquired before marriage..
1 Answer from Attorneys
Re: Surviving spousal rights
The first inquiry stated there was no will by father. Assuming no other prenups or agreements, the widow cannot stay in the home unless she would be homeless with no way to support herself. As to property acquired between she and father (community property..no matter whose name the property may be in) at the time of his death, ownership of his 50% interest goes to his children with the other 50% belonging to the widow. However, the widow has the right to use the other 50% as long as she does not remarry.
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