Breaux Bridge, LA asked in Divorce and Family Law for Louisiana

Q: I am from Louisiana. If I buy a house and leave my spouse off the mortgage and title..would my spouse get half of it?

In a divorce?

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1 Lawyer Answer
Claire Edwards
Claire Edwards
  • Lafayette, LA
  • Licensed in Louisiana

A: You need to talk in depth with your realtor, your mortgage broker, and your title attorney. They are fully capable of getting you the outcome you desire. A family law attorney can help illustrate the possible outcomes.

As a short-and-dirty answer to this question: "I'm married and I buy a house. Somehow I manage to not list my spouse on the deed/title and somehow I manage to not list my spouse on the mortgage. Is it community property?"... When a married person buys a house with community funds or using a mortgage/note, the house and the note are considered community property. There are exceptions, such as documents where a non-purchasing spouse agrees the house is separate property or where a non-purchasing spouse agrees the mortgage/note is separate property.

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