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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16577
Experience:  Licensed experienced Attorney
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Mother of 3 children 18 years of marrige with a separation

Customer Question

Mother of 3 children 18 years of marrige with a separation and remarry considered in already. Dad rich and bought home for family put only in sons name. Husband on drugs has record with law, doesnt work. Who gets house to live in?
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
He is claiming its inheritance? So until judgement in a divorcee, she gets house right
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Alex J. Esq. replied 11 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Was divorce already filed?

Did the mother consult and retain an experienced local family law attorney?

Customer: replied 11 months ago.
No..the divorce....we actually just took the clothes out home and changing licks. No she does not have jet.
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

Who is living in the marital home right now?

Customer: replied 11 months ago.
Locks...all this happing tonight...He actually has been missing in action she went to see a show over night and at 1125 pm at night he retuned...she and rhe kids have been living in home
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

So, who has changed the locks and who took out the clothes?

Please keep in mind that I need to understand the situation, so I can provide you with correct answer.

Thanks.

Customer: replied 11 months ago.
The wife and kids took clothes out and son is changing locks
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

Why did the mother children agree to vacate / leave marital home?

Did the mother call police and asked police to be let back into marital home?

Customer: replied 11 months ago.
No sir...lets back up...husband has been gone off doing drugs and yp to mischief...living in hotels or with women, who knows...wife goes out for evening come home to him being there and all his stuff that was gone back in house. Wife packs up stuff changes locks
Customer: replied 11 months ago.
Separate lives since november
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

Unfortunately, generally the wife cannot refuse her husband entry into the marital home that is owned by the husband without a court order.

So, once the divorce is filed, then the wife can ask the court to award her and the children sole possession of the marital home, until the end of divorce and also the court will determine whether to consider house a marital or non-marital property, since the husband claims that the house was given as a gift / advanced inheritance.

I wish you the best of luck!

Customer: replied 11 months ago.
Is this louisiana law
Customer: replied 11 months ago.
Are you still there? What should she do in the morning?
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

Yes. My answer is based on the Louisiana law.

It is important for the mother to consult and retain an experienced local family law attorney or if she cannot afford a private attorney, then she can contact local legal aid office for free or low cost legal help.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 11 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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