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mynewlife76
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Default Jul 20, 2021 at 12:32 PM
  #1
Hi there! I'm needing some input & suggestions from anyone who's been thru what I'm about to explain.
My divorce has been final for coming up on a year (next month). I live in Louisiana, a community property state, where everything is divided in 1/2- debts and assets. My ex husband has been difficult thru the process of trying to settle community property.
He stayed in the marital home which means he owes me my 1/2 the equity in the home. He hasn't attempted to refinance and I'm tired of waiting. I'm a licensed real estate agent and I'm ready to list the house for sale. I contacted my attorney to request a letter be sent to him thru his attorney stating my intent to list the house if he doesn't provide proof from a bank that he's obtained loan approval to refinance & started that process. They responded saying we may need to file a petition to have the house sold.
Has anyone else experienced this? Did you have to get a court order to list your house or where you able to sale it if it meant you were trying to settle community property outside the courts?
Obviously the proceeds of the sale would be split.
Any input, suggestions, and/or your personal experiences would be appreciated.
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Default Jul 20, 2021 at 01:26 PM
  #2
hi @mynewlife76 - welcome to MSF My Support Forums. I am sorry you are in a difficult situation with your ex. Sorry but I know very little about divorce law in Louisiana. Your lawyer is probably the best source of info.

If interested a google search on "Louisiana, a community property state how sell house if ex in it" brought up many hits if you care to research it.

Hope you get the support you are looking for.

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mynewlife76
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Default Jul 20, 2021 at 01:43 PM
  #3
Thank you for replying. I've googled tons lol but I will try your search suggestion...

I was hoping to get first hand experience from someone too that's gone thru this also
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Default Jul 20, 2021 at 03:24 PM
  #4
i don't have any suggestions to make unfortunately as i have never really experienced this. i agree with the wise and wonderful CANDC about contacting a lawyer? In any case i am wishing you the best with it. Please do keep us updated if you want to if possible. Sending many Safe, warm hugs to BOTH you, @mynewlife76, your Family, your Friends and ALL of your Loved Ones! Keep fighting and keep rocking NO MATTER WHAT HAPPENS, OK?!
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Default Jul 22, 2021 at 12:56 PM
  #5
Your ex-husband has not done the right thing for a year now.

If it were me, I would ask my lawyer to figure out how to proceed aggressively in court so that your ex-husband is compelled to do the right thing.

I would also ask the court that my attorney fees be paid out of his share of the proceeds.
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mynewlife76
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Default Jul 22, 2021 at 02:55 PM
  #6
Quote:
Originally Posted by Bill3 View Post
Your ex-husband has not done the right thing for a year now.

If it were me, I would ask my lawyer to figure out how to proceed aggressively in court so that your ex-husband is compelled to do the right thing.

I would also ask the court that my attorney fees be paid out of his share of the proceeds.
Thank you Bill for your input. Much appreciated. Seems the court may be my only recourse at this point. As disappointed as I am at that since I know that will take even longer to get done with him but maybe that's the silverlining- that's even more money I'll end up with when all is said and done!!
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Default Jul 22, 2021 at 08:41 PM
  #7
Since the divorce is final is it a situation where you would be required to give him 30 days notice and then evict him?

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Default Jul 23, 2021 at 09:15 AM
  #8
I don't think it's that situation, don't think you can evict someone who rightfully owns the home
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