Legal Question in Real Estate Law in Louisiana

Recision on a home purchase

I am married. I rescinded on the purchase of a home with my husband b/c of my credit. We live in Louisiana, a community property state. My husband has a terminal illness and is doing crazy things. He does not have much longer. I am afraid that I will not get the home that I have helped to pay for as the children from his previous marriage are pressuring him to leave it to them and not me. Upon his death, will the home go automatically to me, or will it go to his children because I rescinded on the loan? Also, can he draw up a will that I do not know about and leave the home to the children in this state. I desperately need some answers. Thanks.


Asked on 6/29/09, 12:51 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Recision on a home purchase

I do not know what you mean when you say "I rescinded on the purchase of a home". From reading your question, I assume your husband's credit was good enough to get the house, and unless you signed that the house was his as separate property, then you will own 1/2 of it at his death with the other 1/2 subject to your use. He can leave the other 1/2 to anyone he wants to. If he has no will then the other 1/2 will go to his children equally. He can draw up a will you do not know about. You really need to see an attorney since I do not have the advantage of seeing the purchase documents that were signed when the house was purchased.

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Answered on 6/29/09, 7:51 am


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