Legal Question in Real Estate Law in Louisiana

i have divorced, went through property settlement, he give me the house and car, i took responsiblity on them, he took the farm and equipment, my papers state that he is responsible for all farm debts and liens, i go to sell my house a year later to find out that he has a second lien on it, that he took responsibility for, he says he cant take it off and not pay it or transfer it to his stuff so i can sell my house. if he looses in his farm they can take my house, what can i do. i want to sell my house but i cant because of his 2nd lien on it. can i do something about it?


Asked on 3/08/11, 6:26 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If the 2d mortgage was taken during the marriage, it is a community debt. Even if he agrees to be responsible, the debt is still community as to creditor. You can pay off the 2d mortgage from sale proceeds and then collect the amount from your ex spouse or he can attempt to get a loan to pay it off prior to sale but if he is unable financially to qualify, a court would not order it.

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Answered on 3/10/11, 11:02 am


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