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re: Calling divorce attorneys

Posted on 4/20/21 at 3:25 pm to
Posted by lsugradman
Member since Sep 2003
8890 posts
Posted on 4/20/21 at 3:25 pm to
You are getting a lot of incorrect info in this thread FYI.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
63088 posts
Posted on 4/20/21 at 3:26 pm to
I love bologna
This post was edited on 4/20/21 at 3:27 pm
Posted by Relham10
Ridge
Member since Jan 2013
18668 posts
Posted on 4/20/21 at 3:27 pm to
Prayers sent
Posted by MBclass83
Member since Oct 2010
9826 posts
Posted on 4/20/21 at 3:28 pm to
You know why divorce is so expensive?






Because it's worth it.
Posted by GreenRockTiger
vortex to the whirlpool of despair
Member since Jun 2020
53949 posts
Posted on 4/20/21 at 3:32 pm to
Where do y’all find these bitchy-arse women to marry?

Holy lord, reading this thread is scary. I can’t believe people behave this way - but not everyone of you is lying.

My ex-SIL bent over my brother, too. Although he shouldve seen it coming.
Posted by DaBeerz
Member since Sep 2004
18057 posts
Posted on 4/20/21 at 3:33 pm to
What if wife is not on loan, probably on title, you’re married when purchased and she never payed a penny towards house, no joint accounts? Lol not getting divorced but these threads scare me.
Posted by Nawlens Gator
louisiana
Member since Sep 2005
5914 posts
Posted on 4/20/21 at 4:18 pm to

If you're in Louisiana without a prenup, she owns half the equity built up after you were married. Prepare for pain.

Also 401K's, pensions, savings, vehicles, etc are at risk of divisions.

Posted by financetiger
Member since Feb 2008
1804 posts
Posted on 4/20/21 at 4:23 pm to
quote:

Also 401K's, pensions, savings, vehicles, etc are at risk of divisions


What if this pension was earned before he married her? Say they married 10 years after it was started. How can she be entitled to that money? It was earned before they ever met.
This post was edited on 4/20/21 at 5:02 pm
Posted by SixthAndBarone
Member since Jan 2019
9995 posts
Posted on 4/20/21 at 4:26 pm to
Buy a house before the marriage, the wife gets half of the what the house increased in value. She does not (or is not supposed to) get half of the house value. Only the value it increased while married.
Posted by geauxpurple
New Orleans
Member since Jul 2014
14952 posts
Posted on 4/20/21 at 4:36 pm to
The house does not become community property, but remains the husband's separate property. The wife does not get half the equity. She would be entitled to seek reimbursement, not according to the increased value, but according to her share of the community assets used to pay the mortgage notes.

The "co-mingling" arguments made above apply to investments such as bank accounts, not real estate.
Posted by Demshoes
Up in here
Member since Aug 2015
10554 posts
Posted on 4/20/21 at 4:44 pm to
Please Venmo me 3.5 hours at $350/hr to @Demshoes and I will answer your question.
Posted by The Goon
Baton Rouge, LA
Member since Nov 2008
1322 posts
Posted on 4/20/21 at 4:59 pm to
quote:

The house does not become community property, but remains the husband's separate property. The wife does not get half the equity. She would be entitled to seek reimbursement, not according to the increased value, but according to her share of the community assets used to pay the mortgage notes.


You would need to prove all this racking up serious billable hours for any attorney. Pony up some equity and come to an agreement. Your going to lose the equity to a lawyer, or the ex.

What if flood insurance, where premiums were paid from a joint account, were used to add value to the house? We’re the loans paid from a joint account? Playing devil’s advocate here, but if joint funds were used why wouldn’t your ex be entitled to a portion of the equity?
Posted by moneyg
Member since Jun 2006
59685 posts
Posted on 4/20/21 at 5:00 pm to
quote:

She’s entitled to the half the increase in value from 12 years.


She's entitled to half the increase in equity.
Posted by Breauxsif
Member since May 2012
22291 posts
Posted on 4/20/21 at 5:07 pm to
quote:

She's entitled to half the increase in equity.

Is that negated if the OP facilitated a trust to protect his assets/property he brought to the table, prior to marriage?
Posted by financetiger
Member since Feb 2008
1804 posts
Posted on 4/20/21 at 5:24 pm to
Isn't that basically a pre-nup? Thanks for all of the advice everyone. Really appreciate it.
Posted by jrobic4
Baton Rouge
Member since Aug 2011
10581 posts
Posted on 4/20/21 at 5:29 pm to
quote:

finished paying it off together in 2016


Using comingled funds to pay off the asset makes it community property regardless of whether he owned it first
Posted by WildManGoose
Member since Nov 2005
4584 posts
Posted on 4/20/21 at 5:36 pm to
Before the flood, she would only be entitled to half of the principle paid after marriage. The interest is considered community obligation due to the home being enjoyed as a fruit of the marriage. The loans and rebuild probably entitle her to much more than that now though.
Posted by broadhead
Member since Oct 2014
2394 posts
Posted on 4/20/21 at 5:44 pm to
Hopefully you have an asset or she has a debt that will offset the principal gained on the home while you were married. It is community property and will be hashed out by a third party attorney during the community property settlement. And what's awesome about that is you get to pay two attorneys that day.
Posted by geauxpurple
New Orleans
Member since Jul 2014
14952 posts
Posted on 4/20/21 at 6:06 pm to
That gives her the right to seek some financial reimbursement, but it does not change the nature of the asset. The house remains his separate property. She should have made him sign half of it over to her before she started using her money to pay for it, but this was not done.
Posted by yellowfin
Coastal Bar
Member since May 2006
98449 posts
Posted on 4/20/21 at 6:08 pm to
Three pages and 37 different answers
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