Can I buy a house while seperated from my husband in Louisiana?

Asked by Brownskin, Mansfield, LA Thu Feb 10, 2011

Haven't been seperated very long but we have children and I want a place for us to live but don't want to rent.

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Michael Chal…, , Odessa, TX
Thu Feb 10, 2011
The short answer is “yes” you can buy a house if you are separated; however, as previous professionals have added, get thyself to a reputable Louisiana attorney to seek the very best advice.

A quick review of items that you should be aware of immediately are as follow:

There different types of marriages in Louisiana. You have civil marriage and covenant marriage. These are cousins, but marriages non the less.

The state of Louisiana is a community property state. This means that you also formed a business partnership as well as a social and spiritual partnership, so any property that you purchase with commingled funds becomes community, 50-50 ownership.

Any debts that you run up are half his and visa versa. Does not matter who makes the money.

All income from your side and his side is community property, so ask yourself where did my money come from to buy a house. You can glean from this that it becomes a sticky wicket of issues.

There is something known as a donation clause to ask your attorney about which states that your spouse could donate community property to you as separate property; however, if the marriage is on the skids you may not get cooperation.

Knowing that divorce is a strain on any individual, please seek an attorney for proper representation. You will feel better knowing you are covered. Try

"We were happily married for eight months. Unfortunately, we were married for four and a half years." Nick Faldo

Michael Chalambaga
DeRiso & Haynes Realty - Texas

All information is provided "as is" with no guarantees or warranty. M. Chalambaga © 2001
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1 vote
Daniel, , Baton Rouge, LA
Wed Feb 23, 2011
You need a 640 credit score
2 years on the job
an income to justify the new purchase
0 votes
Pat & Steve…, Agent, Westlake, OH
Thu Feb 10, 2011
LA is based on French Civil Law, while the other 49 states are based on English Common Law. So, I cannot give you suggestions. You need consult a LA Attorney who handles residential real estate law.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Feb 10, 2011
Before consider any purchase, protect yourself and do consult with your attorney.....
0 votes
scott farmer, Agent, Scottsdale, AZ
Thu Feb 10, 2011
You may want to touch base with your lawyer. Here in AZ it's a community property state and if you were to buy a property your husband would be entitled to half of it. So, find out what the laws are in your state and your attorney should be able to help guide you. If the separation is amicable then your spouse may also be willing to sign away his rights so you can move forward with your plan.

Best of Luck,

Sandy Farmer
Realtor, GRI, CSSN
John Hall & Associates
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