keeping the house

What is the name of your state? louisiana

I'm moving back to illinois and my husband is staying in louisiana and keeping the house we purchased together. what am i entitled to? don't i get half of what it appraises for or something like that? we haven't filed for divorce yet. i'll be doing that in illinois. please advise!

[I AM ALWAYS LIABLE]

Originally posted by wpanther
What is the name of your state? louisiana

I'm moving back to illinois and my husband is staying in louisiana and keeping the house we purchased together. what am i entitled to? don't i get half of what it appraises for or something like that? we haven't filed for divorce yet. i'll be doing that in illinois. please advise!

My response:

Louisiana is a Community Property State, so yes, you're entitled to half of the equity, minus your half of the costs to refinance the house. He'll be ordered to obtain a new mortgage to take your name off of the mortgage contract, in exchange for your signature on a Quit Claim Deed.

But, why would you file in Illinois? The property is located in Louisiana, and an Illinois court does not have jurisdiction to determine property rights and divisions in Louisiana. By doing as you suggest, you'd have to satisfy the (up to 6 months) residency requirements of Illinois to file in that State, and you'd be making matters much more difficult for yourself by filing in Illinois.

Hire an attorney to file your papers in Louisiana, and then move.

IAAL

Before all this happened with my husband wanting to keep the house, i was advised to file in Illinois because our divorce was going to be pretty much cut and dry. But, now that he wants to keep the house....
Can I file and then move right away and let the lawyer take care of everything? I can't afford to keep coming back down here.