Legal Question in Real Estate Law in Louisiana
Community Property
In a divorce, in a community property state, without any property settlement being made as of yet can things that were community property be sold to pay mutual debts? Also is a recipt all that is needed to show these sales?
1 Answer from Attorneys
Re: Community Property
If you sell community property, you will be responsible for half of its "VALUE" to the other person. If you pay a community debt, the other person is responsible for half of the debt to you. As long as you get "fair value" for the property, and the debt paid is truly a community debt, you are probably OK. However, IF THERE IS A RESTRAINING ORDER FORBIDDING THE SALE, YOU MUST GET THE PROPERTY YOU WANT TO SELL RELEASED FROM THE ORDER, otherwise you could be found guilty of contempt of court.
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