Legal Question in Wills and Trusts in Louisiana
My children donated their portion of property to me so I could be the sole owner of my home. I had remarried before the donation so does my current spouse have any legal rights to my property?
2 Answers from Attorneys
No. As long as the donation was made just to you, it is your separate property.
That is correct. Property that it donated to you alone should remain your separate property. If you want to be safe (as attorneys like to say, wearing both a belt and suspenders), you can have your spouse file a declaration into the conveyance record passed before a notary and two witnesses affirming that the property is your separate property and that he owns no part of it. Any title company or real estate attorney could draft and file it for you.
Also, you should remember that your current spouse may be entitled to reimbursement for any community funds used to pay for or maintain the separate property. In other words, if you use your incomes to pay the mortgage or repairs, he or his heirs could be owed half of that money back upon dissolution of the community (either by death or divorce). If he lives there rent free, that may cancel out. Still, it is something to keep in mind.