Legal Question in Real Estate Law in Louisiana
Refinancing home when spouse is deceased
I want to refinance my home. My former wife is desceased and her name is still on the morgage. I have remarried and wanted to include my new wife. I have been told that the house would have to be sold and equity would be split between my 3 kids and would not go to my wife. I live in Shreveport, La.How can this be handled?
1 Answer from Attorneys
Re: Refinancing home when spouse is deceased
50% of the house was owned by your late wife and 50% by you. You get the use of her 50%. The ownership of that other 50% is by the kids, but they cannot force you out. Thus their ownership is subject to your usufruct and is known as "naked ownership." You cannot encumber their 50% with another mortgage without their consent. Get their consent. You should open your late wife's succession.
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