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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110405
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex-husband whom I remarried, bought a house before we ...

Customer Question

My ex-husband whom I remarried, bought a house before we were married. We have only been remarried 15 months (3 months the first time) He also has stocks he purchased durning our marraige and he has inheritance money which he has borrowed against durning the marriage. He is very cruel mentally (ex-TX Trooper & Army). Am I entitled to anything. We also have mineral rights on one of the biggest gas finds in the United States.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
Louisiana is a community property state, unless he had the propety declared separate, the property is all community property. The property will be presumed to be community property unless he can actually prove it came entirely from separate property.

If you found my answer helpful, please click on the GREEN ACCEPT button. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Customer: replied 8 years ago.
No your answer is not acceptable. I told you he bought it in his name before we married. I am asking if I have any rights to it since marriage
Expert:  Law Educator, Esq. replied 8 years ago.
I am sorry that I was not completely understood. Even if he purchased the house prior to your marriage, if you have used community funds to either pay the mortgage or make improvements to the house, then the asset could be converted to community property, depending upon the amount of community funds invested in the house. If not, then the house would remain separate property. The stocks purchased during the marriage will be presumed and considered community property. The inheritance, may or may not be considered community property, depending upon the intent of the donor from whom he inherited. It will be presumed community property unless it was specified that it went to him solely in a will. If he inherited through intestacy, then the presumption will be community property. The mineral rights, depend upon the ownership of the land, if the land is community land, then the rights are community property, if the land is separate property, so are the mineral rights which attach to the land. Additionally, you would have some interest in any pensions he is eligible to receive and the amount will be determined by your length of marriage.

I hope this was more helpful.
Customer: replied 8 years ago.
Reply to PaulMJD's Post: No it doesn't help
Expert:  Law Educator, Esq. replied 8 years ago.
I am sorry it doesn't help. Perhaps you need to be more specifc with your questions. You realize you are asking for general advice and without seeing all of the documents, there is nothing really more specific you could get.
Customer: replied 8 years ago.
YOu just said the same thin over. We have been maried 15 months. The land is in his name. His father left him the money while were divorced the first time. He is emotionally abusing me, dont I have any rights except to become homeless. He spent over 100,000 one year gambling. Does that tell you anything
Customer: replied 8 years ago.
He maintains seperate assets
Expert:  Law Educator, Esq. replied 8 years ago.
Now you are providing information that I did not have when I answered the question. If you do not provide the information, I could not possibly answer your question fully and I am aiming to give you the answers you need, so please do not get upset with me and we could get to the bottom of this to help you resolve the matter. First off, you should not end up homeless and without anything. In Louisiana there is a duty of spousal support, so he would be bound to provide you with support at the very least. Support payments would be based upon the length of the marriage (15 months), the standard of living to which you have become accustomed, your age and ability to become employed, the amount of training and education you would require to become employed and any health conditions.

Since he has established a separate property regime, then the separate property would be his. Like I said before, if any community assets were used on the house, you would be entitled to half of those assets.

You did not mention how he purchased the stocks, you said he purchased them while you were married, but did not say if he purchased them with separate funds. If he purchased them with his separate funds, then he merely converted one separate asset into another. If he used community funds, then the stocks are community property.

The inheritance, since he inherited it while you were divorced, which you did not initially tell me, then it is his.

You did not address the land or how the mineral rights were acquired. If you explain that a bit more maybe I can answer that for you a bit better.

I am sorry this is taking so long, but be patient and courteous and I will do what I can to assist you as much as possible.
Customer: replied 8 years ago.
I'm just screw.........he will end of killing me.
Expert:  Law Educator, Esq. replied 8 years ago.
No, you are not "screw..." You have options. The first option is to contact the YWCA in Shreveport and begin counseling for his abuse. Second, go to legal aid or the LA Bar Association, unfortunately I cannot refer you to anyone because all of my connections there are in the New Orleans area, and they will provide you with an attorney at no cost to represent you in getting support. Third, if the situation is that abusive and dangerous, you need to get out of there before you get hurt and get a restraining order against him. Fourth, you can also get a restraining order against him to prevent him from disposing of whatever community assets exist.

Please do not despair, help is available, you just have to go out and get to it. The YWCA is the first place to start immediately. The next place is your legal aid office or the LA Bar to get an attorney in Shreveport to assist you to secure the spousal support you will require to rebuild your life and to get an order to keep him away from you for your own protection.

Customer: replied 8 years ago.
Your answer was not satisfactory. You told me what I already know about LA law. I was wanting to know about the emotion abuse I have suffered, in which his family and mine agree. I get no money at all?
Expert:  Law Educator, Esq. replied 8 years ago.
The courts in Louisiana will not award money for emotional abuse or physical abuse in a divorce proceeding, but emotional and physical abuse will be considered as grounds for a divorce, which in LA is one of the only ways that alimony can be granted, the party seeking alimony has to be free from fault in the divorce and the party they are seeking to collect from has to have fault.