Legal Question in Real Estate Law in Louisiana

That property should have been taken care of during the community property settlement. In other words, when you settled (or adjudicated) your community property, that property should have been awarded to one of you in the settlement or judgment. If it was not, you can still assert your rights to it.

There is a presumption that anything purchased during a marriage is community property. Anyone claiming that the property was separate property (i.e., the new spouse) has to prove that it was separate property. If it is community property (from your marriage), you own 1/2 of the property in full ownership. Now, they could prove that it was separate property in several ways. For example, they could show that the property was purchased with his separate funds (like from the sale of a piece of property he bought before the marriage and put DIRECTLY into the new house, or from an inheritance that he put DIRECTLY into the new house). Also, you may have signed a declaration at the time he bought the house that it was his separate property.

Again, the presumption is that it is community property, so 1/2 of that property is presumed to be yours and any heirs would have to prove otherwise.