Full question:
I'm looking to move to New Orleans, LA. If my fiance' singns off on the deed/title to the home we're looking to have buildt, how will I be able to add my name once we're married. My fiance' is looking to close the deal on the house tomorrow, Friday, 09/25/09 and I was wondering if I could get advice before meeting up with the mortgage office.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Maryland
Answer:
Louisiana is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling. The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.
Therefore, property acquired prior to marriage will be deemed as separate property of the spouse. In order for the other spouse to have an interest in the property, a deed may be executed giving an interest in the property to the new spouse. Another option is to execute an agreement about shared property in the marriage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.