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The refinance does open the house of to be considered community property. You will have to convince the judge that you paid for the new loan with your sole funds and/or you wife is not entitled to any part of the home because it did not increase in equity or you wife failed to contribute in a way that benefited the home in the short time from 1998 to 2002.
If one spouse takes money away from the family for a purpose contrary to the family, that is called a misappropriation. Spending community money on a girlfriend or boyfriend, especially expensive gifts, paying for rent or mortgage, or vacations can be deemed a misappropriation for which the "injured" party is entitled to reimbursement for one half of the funds spent, possibly with interest, from the date of the misappropriation.
Louisiana does take marital fault into consideration when determining an award of spousal support but not for community property division.
How about the property that was purchase during the marriage with my VA compensation that I was in receipt of prior to marriag and the mortgage was paid for with those funds and has been proven of such. In addition, the homw was purchase as a gift for my Mother that resides in South Carolina. My ex wife was aware of the purchase and was there at the closing of the home sale. I have never resided in the home, I continue to pay the mortgage using my VA compensation funds.
Are there any LA Court Cases I can use to support me in either matter.
Are there any court Cases I can use in this matter?
There is not case directly on point but if you review the following statutes and weblink of cases you will be able to pull relevant law. The law is not at question here, your key to success if being able to sufficiently link the connection between the payment of the refinance loan solely from your exclusive income prior to the marriage being the VA funds.
La.R.S. 9:2801(A)(4)(c) providesthat in the allocation of assets, the court should be mindful of the nature of the assets, the economic condition of each spouse, and any other relevant circumstances.
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