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Flagbridge-ADR, Arbitrator/Mediator
Category: Legal
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My husband attempting to steel a home that I put in his ...

Customer Question

My husband attempting to steel a home that I put in his name for conveinience because he is angry about divorcing. Could I win it back in a civil suit with jurors.
Submitted: 9 years ago.
Category: Legal
Expert:  Flagbridge-ADR replied 9 years ago.

If the home is a martial asset he will not be able to "steal" the title of it. Regardless of title the husband will be forced to disclose the asset at any divorce proceeding, and therefore the martial portion will be evaluated.

Louisiana is a Community Property jurisdiction which means the property acquired throughout the marriage is split equitably.

In determining who gets the martial home, there is a definite bias towards the custody holder the court will consider the following factors:
the value of the spouse's property,
  • the economic needs and circumstances of each spouse;
  • the needs of the children;
  • and also the court will consider on a case-by-case the contributions each spouse made to the acquisition of the community property
  • as well as future earning potential. (LCCP - Article: 121)
If you feel the the home might be "stolen" and the assets taken away without your permission, you should speak to a lawyer immediately and have an injunction filed against your husband to "freeze" the assets.

You are looking for a family law, divorce lawyer. You can also contact your local legal aid clinic and ask for assitance.

One of the terms used to describe this type of action is a Mareva Inunction. Freeze pending the divorce,

In the end he can not simply "steal" the house.

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