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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37020
Experience:  Texas Attorney for 30 years dealing in real estate
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I gave my son two acres of land while he was single. He

Customer Question

I gave my son two acres of land while he was single. He married and they borrowed money and built a house. If they split up does he get the value of the property plus half of equity?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will b e the expert helping you tonight.

Maybe, the court has to divide it all as it became marital property when they borrowed and built.The court may decide to award him excess compensation here since it was his separate property at the beginning.Often the court will do so in order to make it an equitable division since he contributed the land.

But in a divorce the court has final say unless they reach agreement prior to it being heard.It gets complicated here since they co mingled and built the house here in Louisiana.I would hope he would get such a better division.

There is a strong presumption under Louisiana law that all assets and debts a couple accumulates during marriage are community property.Again the court has the final say..

Reference to Louisiana law..

http://www.divorcenet.com/resources/divorce/marital-property-division/louisiana-divorce-dividing-pro

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.