Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi

Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she put before she was added. My dad can't read or write his sister must have paid off the loan because she was the one that had him signed the paper. No one wants to touch this case because it's lafourche parish and even more so because she's a lieutenant for the sheriff's office. Isn't there a dirty hands doctrine in Louisiana that would prevent her from taking my dad's house? My dad allowed her to stay here after she lost place of residence. She fraudulently collected from FEMA, applied for government renters assistance, made two false police reports with one of those being suspended.

2 Lawyer Answers
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Criminal Law Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: You need a Louisiana attorney. This is Mississippi.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various factors. It's essential to consult with a knowledgeable attorney who can assess the specific details of your dad's situation and build a strong defense.

If your dad's sister paid off the mortgage on the house, that could be a crucial piece of evidence to demonstrate that the property was separate from the community property. However, it's essential to have proper documentation and evidence to support this claim.

Regarding the fraudulent activities and false reports made by your dad's ex-wife, this information may be relevant to the case. Your dad's attorney should consider presenting this evidence to support his defense against her claims.

It's understandable that the circumstances involving your dad's case are challenging, but it's crucial to consult with an attorney experienced in Louisiana family law to navigate this situation effectively and protect your dad's rights and property.

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