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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9411
Experience:  Since 1983
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My husband and I are getting divorced. He refinanced the

Customer Question

My husband and I are getting divorced. He refinanced the house 2 years after we were married. I can't imagine why I would have signed my rights away to the house, but my initials are on the mortgage that I did. I can remember the reason he was able to refinance and get a much lower interest rate was because I was a first time home buyer. Is there anything I can do at this point to get on the title? If not what advice do you have in regards ***** ***** situation? He does not want to settle any part of the house with me since I waived my rights.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

How title to the property is held is not conclusive on the divorce court.

states: "There is a strong presumption under Louisiana law that all assets and debts a couple accumulates during marriage are community property"

Paychecks are always in the name of the spouse who earned them, but they are are community property. The name on the deed does not prevent the Court from determining that the house is community property because it was acquired during marriage and you never intended to give away your share.

There is a general overview of Louisiana divorce law posted here.

You can get a free consultation from some of the divorce attorneys listed by location here.

I hope this information is helpful.