Community Property-Home

[reversedonor]

What is the name of your state (only U.S. law)? Louisiana
I have two community property questions:
1. If I was given a car by my husband during my marriage and was told (in the presence of witnesses) that this was a gift, is it still considered community property?
2. Within 5 years of my divorce I donated half of our home to him. We were not living in the home at the time because it was (and still is) in dire need of repair. I felt forced to donate it to him because he refused to make any further improvements until I did so. The forms of the Act of Donation state that this is done out of "love and adoration" and so forth. Is there any way to have this donation reversed? Our divorce was granted on grounds of adultery (on his part) and should I be required to uphold a donation made out of love and blah blah after his actions?

 

[army judge]

What is the name of your state (only U.S. law)? Louisiana
I have two community property questions:
1. If I was given a car by my husband during my marriage and was told (in the presence of witnesses) that this was a gift, is it still considered community property?

Yes.
All things acquired during the marriage in community property states are jointly owned.
You could litigate this, but without something in writing from your husband, you'd probably lose.

You mentioned how you LEGALLY conveyed a gift in Item 2 below.

2. Within 5 years of my divorce I donated half of our home to him. We were not living in the home at the time because it was (and still is) in dire need of repair. I felt forced to donate it to him because he refused to make any further improvements until I did so. The forms of the Act of Donation state that this is done out of "love and adoration" and so forth. Is there any way to have this donation reversed? Our divorce was granted on grounds of adultery (on his part) and should I be required to uphold a donation made out of love and blah blah after his actions?

No, a gift is always a gift.

The law does not permit you withdraw a gift except under a few, rare circumstances.

The fact that you've changed your mind doesn't qualify as one of those exceptions.

 

[reversedonor]

The gift was not made in writing but verbally witnessed by at least 3 people. Does this hold no bearing?

Even the fact that the donation states that it was given as an act of love adoration and devotion? Obviously, if he leaves me for another woman I do not love and adore him any more. Not to mention to some extent made under duress being he refused to make the necessary improvements to make the home livable unless I signed over 1/2.

He also verbally promised me the home on numerous occasions. After our divorce he made at least three attempts to reconcile and everytime he left again he would tell me that the home was mine and he was gone for good.

 

[army judge]

The gift was not made in writing but verbally witnessed by at least 3 people. Does this hold no bearing?

Even the fact that the donation states that it was given as an act of love adoration and devotion? Obviously, if he leaves me for another woman I do not love and adore him any more. Not to mention to some extent made under duress being he refused to make the necessary improvements to make the home livable unless I signed over 1/2.

He also verbally promised me the home on numerous occasions. After our divorce he made at least three attempts to reconcile and everytime he left again he would tell me that the home was mine and he was gone for good.

I gave you my best legal advice.

You could always PAY another lawyer to give you the same advice.

The law doesn't work on what any of us considers to be fair.

Like it or not, it is the law by which we all must live.

You chose the man you married.

I'm sorry it didn't work out for you.

But, YOU chose that bum and adulterer.

 

[reversedonor]

I know that now. Thank you for responding at least. I am just frustrated with the situation. Again thanks for the effort

 

[reversedonor]

Can the home be sold to my son for fair market value (approx$10,000) and he pay $5000 to his dad and then donate it back to me?

 

[army judge]

Can the home be sold to my son for fair market value (approx$10,000) and he pay $5000 to his dad and then donate it back to me?

Let me state my assumptions:

Your adulterer, ex-husband owns the property in fee simple.
There are no other liens against the deed.

Yes, your adulterer, ex-husband can sell the property to any adult.
Yes, it can be sold if they agree on the price.
Yes, your son can then gift the house back to you in fee simple (if that is what you desire).

But, why go through those gyrations?
Why not offer to buy the house directly from your ex-husband, adulterer yourself?
You'd probably save some taxes and government fees.

I'm not suggesting this mind you, but your husband could gift the house to you.
When that happens, some people mysteriously receive cash gifts from the "gods" for being so kind and generous.