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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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I reside in Louisiana and purchase my home prior to my marriage

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I reside in Louisiana and purchase my home prior to my marriage in 1993, however doing the marriage (1995) I had it refinance 1998, and was divorce in 2002 due to her adultery act. Will the home be consider as community property since I had it refinance? Does adultery play a part and are there any court cases that can be cited?

Is property purchase (during marriage) with VA disability that I was in receipt of prior too marriage consider as community property. Are there any court cases that can be cited?

The refinance does open the house of to be considered community property. You will have to convince the judge that you paid for the new loan with your sole funds and/or you wife is not entitled to any part of the home because it did not increase in equity or you wife failed to contribute in a way that benefited the home in the short time from 1998 to 2002.


If one spouse takes money away from the family for a purpose contrary to the family, that is called a misappropriation. Spending community money on a girlfriend or boyfriend, especially expensive gifts, paying for rent or mortgage, or vacations can be deemed a misappropriation for which the "injured" party is entitled to reimbursement for one half of the funds spent, possibly with interest, from the date of the misappropriation.


Louisiana does take marital fault into consideration when determining an award of spousal support but not for community property division.

Customer: replied 7 years ago.

How about the property that was purchase during the marriage with my VA compensation that I was in receipt of prior to marriag and the mortgage was paid for with those funds and has been proven of such. In addition, the homw was purchase as a gift for my Mother that resides in South Carolina. My ex wife was aware of the purchase and was there at the closing of the home sale. I have never resided in the home, I continue to pay the mortgage using my VA compensation funds.


Are there any LA Court Cases I can use to support me in either matter.

Any VA compensation you obtained prior to the marriage is your separate property and if you can prove the mortgage was paid with those funds that does give you a valid argument to the judge as to why the property should remain considered separate property.
Customer: replied 7 years ago.


Are there any court Cases I can use in this matter?

There is not case directly on point but if you review the following statutes and weblink of cases you will be able to pull relevant law. The law is not at question here, your key to success if being able to sufficiently link the connection between the payment of the refinance loan solely from your exclusive income prior to the marriage being the VA funds.


La.R.S. 9:2801(A)(4)(c) provides
that in the allocation of assets, the court should be mindful of the nature of the assets, the economic condition of each spouse, and any other relevant circumstances.




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