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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33153
Experience:  Began practicing Family Law in 1992
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I am going through a property settlement in Louisiana. I

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I am going through a property settlement in Louisiana. I have a marriage contract that states we are not a community property marriage. I owned a home prior to the marriage. my husband built a shop in my back yard and is trying to get reimbursement for the cost of the shop. His attorney brought up some code today in mediation that says something to the effect that he is entitled to reimbursement. He is also claiming that anything he paid for he is entitled to reimbursement. Can you please advise on this? What code is he talking about and is he entitled to this?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

I'm only going to be online a few more minutes but will be back later tonight or tomorrow morning.

It sounds like he is talking about LA Civil Code CC 2368 which states:

Art. 2368. Increase of the value of separate property.

If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.

In that section "industry" can mean either work or monies so it is possible that if the value of your separate property was enhanced through your ex's work or his money then he would be entitled to get some type of reimbursement for that. However, you could also argue that the amount of reimbursement he can get would be offset by the amount of use he got our of the shop during the marriage so the judge may decide it is a "wash".

Customer: replied 1 year ago.
Thank you very much!!! the shop was not built to code or standard and according to appraisals of my property it does not increase the value of my property he is not anything. as a matter of fact I have an expert that will testify that the shop is a hazard to my property due to the poor structure so it will cost me to have it repaired or removed.
Expert:  JD 1992 replied 1 year ago.

You should be fine then. The code specifically states it has to have increased the value of the property.

The link to the statute is http://law.justia.com/codes/louisiana/2011/cc/cc2368

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
thank you so much!!! you have helped me
Expert:  JD 1992 replied 1 year ago.

You're very welcome.

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