Legal Question in Wills and Trusts in Louisiana

Lets say that there is an unmarried couple with children in the state of louisiana whom lived together for 10 plus years decide that they want to split up. If the man buys the home under his name and decides that he wants to sell it under louisiana law would it be fair for the woman to recieve half of that money the house is being sold for? If so what law states such a think? and if in fact there is no such thing as a law which intitles the woman to half of the home would a promisary note from the man claiming that if the property is sold half will go to the woman, would that be still be in effect or would it be ruled out?


Asked on 5/11/10, 3:13 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

There is no such thing as "common law marriage" in Louisiana. Louisiana will recognize a common law marriage from another state, but you can never become married in Louisiana simply by living together (not for 10 or 100 years). If the home was purchased in the man's name alone, he alone owns it and he alone can sell it and keep the money. As they are not married, the woman has no right to any of his property.

Now, that just goes to "community property" (of which there is none, as they were never married). The man would still owe money for child support for the children he fathered.

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Answered on 5/19/10, 11:07 am


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