How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Daniel Solutions Your Own Question

Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
Type Your Family Law Question Here...
Daniel Solutions is online now
A new question is answered every 9 seconds

I reside in Louisiana and purchase my home prior to my marriage

Resolved Question:

I reside in Louisiana and purchase my home prior to my marriage in 1993, however doing the marriage (1995) I had it refinance 1998, and was divorce in 2002 due to her adultery act. Will the home be consider as community property since I had it refinance? Does adultery play a part and are there any court cases that can be cited?

Is property purchase (during marriage) with VA disability that I was in receipt of prior too marriage consider as community property. Are there any court cases that can be cited?
Submitted: 4 years ago via MyFamilyLaw.
Category: Family Law
Expert:  Daniel Solutions replied 4 years ago.

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.

Customer: replied 4 years ago.

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.

Expert:  Daniel Solutions replied 4 years ago.
Any VA compensation you obtained prior to the marriage is your separate property and if you can prove the mortgage was paid with those funds that does give you a valid argument to the judge as to why the property should remain considered separate property.
Customer: replied 4 years ago.

 

Are there any court Cases I can use in this matter?

Expert:  Daniel Solutions replied 4 years ago.

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) provides
that 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.

 

http://www.la3circuit.org/opinions/2009/11/1104/09-0312np.pdf

 

http://www.lacoa2.org/Opinions%20PDF/43178ca.pdf

 

 

 

Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney