Oakdale, LA asked in Civil Rights, Divorce, Family Law and Land Use & Zoning for Louisiana

Q: can i take possession of my house during a separation if the mortgage was in my name before marriage? Louisiana

i have 50/50 custody of children. It was also decreed that i have the right to fair market rental value in the separation orders. I have paid the mortgage for 6months of the separation and i would like to evict her to make her go find a new home. i would like to give her 60 days or 90 days to find a place. is this possible? Last the land was gifted to me before we were married 3years prior and the house was built 3 years prior to marriage. All debt was happend before marriage. please help

1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Criminal Law Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Mortgage is irrelevant. Your attorney needs to press for partition of community property to get her evicted.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.