Results 1 to 8 of 8
  1. #1

    Default Division of a Home Thirteen Years After Divorce Was Final

    My question involves a marriage in the state of: Louisiana

    My now husband has been divorced now 13 yrs. They have three kids together. Way back then she was awarded the home and was suppose to take it over. She never did. Instead my now husband and her ex husband resided at the residense and continued to make all the monthly payments on the home paying it off. Both of there names are still on the deed. Now 13 yrs later she wants to take the home from us now that he paid it off. Does she have a right to steal our home from us after all this time? Also, she was court ordered to allow him to see his kids but he has not seen them in 4 yrs. So now because he won't sign emancipation papers for his 17 yr old daughter to get married she is taking out revenge on him. What can he do? will she be able to take this home even though he paid every dollar twords paying it off and she basically abandoned the place all these years and never took posession of it. He was served papers to vacate and has an April 8th hearing in front of the Justice of the peace about the matter.... Thanks for any info and help on this.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Property and Children

    Because she waited 13 years the doctrine of laches may preclude her from now taking the house. She may have sat on her rights for too long and all the circumstances have changed. It is a long shot in Louisiana because of case law but it is worth looking into.

    Your husband should speak to an attorney.

  3. #3

    Default Re: Property and Children

    Thank you for any info. I'm so stressed over this..... It's been 13 yrs now. The deed is still in both of there names and she relinquished or abandoned the property all together so my husband and I have lived here. He also paid it off. But now that it's paid off and out of revenge she wants to take it away from us. We were served with an order to vacate and a date on April 8th before a Justice of the peace to prove why we have a right to stay here. He has all records showing that he paid for the home and that the deed is still in both of there names. I'm scared on what the Justice of the peace might decide. I'm scared that because it was awarded to her 13 yrs ago that she will still have a right to take it from us even though she totally abandoned the place. I know he needs to speak with an attorney as well. I was hoping someone on here might know about the law and give me some good advice and info to help me to quit worrying over this. Thank you.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Property and Children

    Laches is not available in LA common law; and there's very recent case-law affirming this (it's also a divorce/aftermath case):

    http://caselaw.findlaw.com/la-court-...l/1602167.html

    Specifically:

    We first note that the doctrine of laches is inapplicable in Louisiana.   Laches is an equitable doctrine found in common law and its purpose is to bar prosecution of stale and antiquated demands which would cause injustice if pursued.  Molero v. Bass, 322 So.2d 452, 454 (La.App. 4 th Cir.1976), writ denied, 325 So.2d 609 (La.1976).   It has always been the general view that the common law doctrine of laches has no place in Louisiana law;  however, there were some cases that left open the possibility of the application of the doctrine in certain cases.   In Fishbein v. State ex rel. Louisiana State University Health Sciences Center, 04–2482 (La.4/12/05), 898 So.2d 1260, 1270, the Louisiana Supreme Court repudiated those cases that allow the doctrine of laches by explaining the doctrine is in conflict Louisiana law regarding prescription.   Accordingly, we find no error in the trial court's refusal to apply the doctrine of laches.
    We don't have the actual wording of the decree though, so we can't comment on whether or not she had to refi, or anything else. I'd guess that there was nothing included saying she had to live there though.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Property and Children

    He needs to get an attorney ASAP.

  6. #6

    Default Re: Property and Children

    In the divorce decree she was suppose to live here with the kids while he paid it off. That did not happen. We stayed here and have been here now for 13 yrs. But now out of revenge she is trying to kick us out and take it. It would seem it would be heard before a court and not a Justice of the peace though. Plus she also broke the divorce agreement by moving and not letting him know where the kids were for 4yrs.

    - - - Updated - - -

    We really don't care if she gets this place as we planned on moving once his child support gets readjusted in 5 months. But she knows that and is trying to stick it to us now knowing that he's paying all that child support and it will make it hard on us. We basically just need time. I don't understand this going before a Justice of the peace or how all of this would work with her also breaching the divorce agreement. I agree he does need an attorney. Thanks for you guys help. So much appreciated.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Property and Children

    Quote Quoting hypersweeper
    View Post
    Also, she was court ordered to allow him to see his kids but he has not seen them in 4 yrs.
    That's an issue he should have started to address through the courts, four years ago.
    Quote Quoting Dogmatique
    View Post
    Laches is not available in LA common law....
    That comes from Louisiana's having roots in French civil law rather than British common law. But even when laches is available as a possible defense, it is normally available only when there is no statute of limitations that is otherwise applicable.
    Quote Quoting hypersweeper
    View Post
    In the divorce decree she was suppose to live here with the kids while he paid it off. That did not happen. We stayed here and have been here now for 13 yrs. But now out of revenge she is trying to kick us out and take it. It would seem it would be heard before a court and not a Justice of the peace though.
    It does not appear that she is seeking to enforce the divorce judgment through the divorce court. It appears that she is exercising her right to exclusive possession, and is seeking to enforce that through summary proceedings. If your husband is not clear about the nature of the legal action filed against him, he should consult a lawyer.
    Quote Quoting hypersweeper
    Plus she also broke the divorce agreement by moving and not letting him know where the kids were for 4yrs.
    That allegation is irrelevant to the distribution of property.
    Quote Quoting hypersweeper
    In the divorce decree she was suppose to live here with the kids while he paid it off.
    If he was ordered to pay off the home while living elsewhere, and has instead had exclusive use of the home for thirteen years, he has reaped a significant economic benefit from his ex-wife's choice not to take possession of the home. If he was obligated to make the payments while living elsewhere, she would have been living in the home while he made the payments and he would have simultaneously had to pay his own rent or mortgage.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Property and Children

    Who did he send his child support to if he didn't where Mom and the children were ? If he was paying child support, he could have found out where his children were, if he really wanted to know.

    1. Sponsored Links
       

Similar Threads

  1. Spousal Support and Alimony: Can You Seek Alimony Years After a Divorce is Final
    By Trickledown in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-20-2014, 06:17 PM
  2. Division of Assets: Division of 529 Plan After Divorce is Final
    By mizzou in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 01-31-2014, 07:20 AM
  3. Spousal Support and Alimony: Can You Seek Alimony Years After Your Divorce is Final
    By Quimani in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 01-29-2014, 03:07 PM
  4. Divorce: Home Equity Division in Divorce
    By rjgrissmer in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 09-07-2010, 10:41 AM
  5. Property Division: Division of Home After 20 Years
    By help2222 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-30-2009, 08:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources