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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91961
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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These are Louisiana questions so lawyer must be able to practice

Resolved Question:

These are Louisiana questions so lawyer must be able to practice law in Louisiana.

My wife and I are getting a divorce in Louisiana. She will remain in the house in Louisiana and I am currently living in Arizona. Both Laura and I will remain on both mortgages in Louisiana and in Arizona.

Questions:

1. If one of us decides to sell our house, how do we split the profit or loss?

2. What if she decides not to pay the mortgage, taxes or anything else? The bank will come after me. What happens if I decide not to pay the mortgage or other bills on her house? What happens next?

a. How do I evict her if necessary?

b. Can I force her out of the house if necessary?

c. If she is delinquent in payments, can I size the property?

3. Maintenance of property. If she allows the property to deteriorate inside or outside, what can I do to fix the property, and what do I do because the property will lose value if sold?

4. Can I stop payment of alimony if she doesn't pay thee mortgage?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Even though I am licensed to practice in Louisiana, we are forbidden by the law and site rules from representing you and all we can do is answer the questions you have propounded for educational purposes.

1) Under Louisiana's community property laws (which actually are similar to Arizona, which is another community property state), if there is a sale of any community property asset, unless you have agreed in a written agreement to the contrary, any profit or loss is divided equally, 50-50.

2) If she does not pay the mortgage or bills, the first thing you do is seek to file a rule to show cause for contempt and get the court to order her to pay. If she continues to refuse to pay and you choose not to pay, then the house can be foreclosed on and sold and it would be up to the court to determine how the loss on the foreclosure and any deficiency judgment against you would be divided between the parties. The court has the option to also give you other community property to compensate for what you might lose in paying for the house if it is foreclosed on or to prevent foreclosure.

Only the court can evict her and you would need to present evidence to the court that she is no longer paying the bills and thus should not be entitled to remain in the property.

You can only force her out if she is not paying bills or is causing physical harm or refusing to maintain the property and in those cases you would go to court and file the rule to show cause and seek the court to order her removed from the property.

If she is delinquent and refuses to pay, again you have to go to court for a rule to show cause and the penalty could be the court ordering that you receive possession of the home.

3) If she allows the property to deteriorate and refuses to make repairs, you would first seek to negotiate to make the repairs and 1/2 of the cost could be subsequently deducted from her share of the proceeds from the house. If she refuses to make repairs and is causing more harm to the house, the court, again on a rule to show cause, can take possession away from her or order repairs to be made.

4) You cannot simply withhold alimony for her not paying, you have to go through the court, unless you write in your alimony agreement that if she fails to pay mortgage or bills you can take the alimony due and put it towards those payments. If this is not in your court order for alimony, then you have to go to court again on the rule to show cause, and get the court to order relief such as turning over the house to you or allowing you to put alimony towards bills she is not paying.



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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 1 year ago.


Since I am in Arizona, can I use the court system here, or do I have to use the court system in Louisiana if necessary?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Where was your divorce action filed?
Customer: replied 1 year ago.

Loiusiana

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your additional information.

If the divorce was filed in Louisiana, then any action on the divorce or failure to follow the divorce settlement or court orders must be filed in LA. Additionally, any action on the real estate in Louisiana, including getting her removed from the house, must be filed in Louisiana, because that is where the property is located.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91961
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Law Educator, Esq.
Law Educator, Esq.
Real Estate Lawyer
91961 Satisfied Customers
Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.