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I divorced my husband in 1992. we didnt divide the community

 
PaulMJD's Avatar
  • Answered by:PaulMJD
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I divorced my husband in 1992. we didnt divide the community property of the land and home we purchased . he was suppose to have a lawyer draw up a quticlaim deed so i could sign off on it. He never did this. he passed away nov. 2011. we had 1 son together that was living with him at the time of death. our son ask me to move down here with him and i did so in dec. of 2011. the land and home is paid for. i need to know my rights since my name is XXXXX XXXXX home and land. Does this make me the owner of it now? my son and i have been having problems and i need to know if legally can he make me move since my name is XXXXX XXXXX land and house? there hasnt been any succession or anything done since his death. i need to know my rights ,

 

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State/Country relating to question: Louisiana

Already Tried:
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Submitted: 308 days and 2 hours ago.
Category: Real Estate Law
Value: $59
Status: CLOSED
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Expert:  PaulMJD replied 308 days and 2 hours ago.

If you never signed a quit claim, you are 1/2 owner of the land, which was your community share of the land, since the court never decided the community property and it was never divided. The ex husband's share of the land has to be submitted to succession and it would go to his children or child in the entirety as you are an ex spouse and not entitled to a share. Thus, you and your son would share ownership in the land as joint owners.


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Customer replied 308 days and 1 hours ago.

i need to know can my son legally make me leave this house? as he has said he would.

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Expert:  PaulMJD replied 308 days and 1 hours ago.

No, you own 1/2 of the house and as such you both have equal rights to the house. He cannot make you leave and you cannot make him leave and if the two of you cannot resolve your dispute, the court can order the house sold and the proceeds of the sale split equally between you and your son.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.9 %
Accepts: 6613
Answered: 7/11/2012

Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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