old loose uncontested divorce: property division nightmare waiting to happen?

[HopelessFool]

What is the name of your state (only U.S. law)? Louisiana

Love the forum! I've been reading a lot and have learned much! But I have a few concerns:

We did an uncontested divorced about 3 years ago after 10 years married. Spouse is remarried now. The divorce paper was very simple and only stated that I am domiciliary parent of our son, spouse is the domiciliary parent of our daughter. I will reside in our house, spouse will live elsewhere. I will use our car, spouse will use our van. We both will have equal visitation of kids.

That is all it says. There is no mention of property devision, child support, money/dept separation or custody. So I guess all that is still up in the air so to speak? So my question is, am I going to be crushed when it falls?

From what I understand, if the court splits our money, the debt is also split. I had a lot of credit card debt! That's one reason my spouse didn't think it was worth fighting for. Our debt was almost equal to our worth! So... What happens when I go pay off all the cards and the next day my spouse decides to take me to court for the property? Will she then get half the property, but none of the debt?

Also, Is there a statute of limitations on when my spouse can try to sue me for any property?

We are peaceful and share the kids 50/50 but sometimes I think my ex is planning to take me to court for something. I get threatened with that every time I am late picking up the kids or something... If so, just how bad could that hurt me?

Thanks everyone! Any advise is greatly appreciated!What is the name of your state (only U.S. law)?

 

[garrula lingua]

Was an attorney involved in the divorce ?

 

[LdiJ]

What is the name of your state (only U.S. law)? Louisiana

Love the forum! I've been reading a lot and have learned much! But I have a few concerns:

We did an uncontested divorced about 3 years ago after 10 years married. Spouse is remarried now. The divorce paper was very simple and only stated that I am domiciliary parent of our son, spouse is the domiciliary parent of our daughter. I will reside in our house, spouse will live elsewhere. I will use our car, spouse will use our van. We both will have equal visitation of kids.

That is all it says. There is no mention of property devision, child support, money/dept separation or custody. So I guess all that is still up in the air so to speak? So my question is, am I going to be crushed when it falls?

From what I understand, if the court splits our money, the debt is also split. I had a lot of credit card debt! That's one reason my spouse didn't think it was worth fighting for. Our debt was almost equal to our worth! So... What happens when I go pay off all the cards and the next day my spouse decides to take me to court for the property? Will she then get half the property, but none of the debt?

Also, Is there a statute of limitations on when my spouse can try to sue me for any property?

We are peaceful and share the kids 50/50 but sometimes I think my ex is planning to take me to court for something. I get threatened with that every time I am late picking up the kids or something... If so, just how bad could that hurt me?

Thanks everyone! Any advise is greatly appreciated!What is the name of your state (only U.S. law)?

If the divorce didn't address ownership of the property (mostly the house and cars) and you are both on title to all of that, then you both still own all of that. So yeah, you would have a problem. Your spouse doesn't even have to sue you for 1/2 of the property, because your spouse owns 1/2 of the property, period. Any property in only one name, would belong to that person.

If the divorce didn't address the debt, then you are each responsible for the debt in your own names, period.

If the divorce didn't address custody, then you both have equal custody.

 

[punchcard]

Louisiana is a "Community Property" state.

Assets in only one person's name
You'll want to talk to a divorce attorney, but something along the lines of the following may address a bulk of the stuff (clothes, toys, furniture, kitchen items, etc.): HUSBAND hereby transfers to WIFE as her sole and separate property all the property in WIFE'S possession or control on January 1, 2012. WIFE hereby transfers to HUSBAND as his sole and separate property all the property in HUSBAND'S possession or control on January 1, 2012.

The above doesn't address other things that could come up.

Assets in both person's name or that need to be specifically identified
You might have to specifically identify cars, house, pension plans. etc. and say who gets what. A reason is that when you go to put the car in your name only, for example, the motor vehicle department will want proof that the specific car really is your sole property. Also, when you go to sell the house, the buyer's gonna want to know if they are receiving good title. And, the people paying out the pension money will want to know that no one else has a claim on the money before paying out the money.

"I will reside in our house."

If you jointly own the house, it's possible that dad can seek 1/2 rent from you. Something to think about.

Debts
You'll want to talk to a divorce attorney, but something along the lines of the following may address a bulk of the debts: The parties agree that any debts and obligations which are their community debt and obligation or for which the parties are jointly liable are the sole and separate responsibility of WIFE, and the WIFE agrees to pay and hold HUSBAND harmless against any liability therefore.

The above doesn't address other things that could come up. Also, the above may put you at a disadvantage, so you'll want to run it by a family law attorney.

"I had a lot of credit card debt" "I get threatened with that every time I am late picking up the kids or something."

It's possible husband owes 1/2 on the debt (if you personally incurred the debt during the ten year marriage, it actually may have been "the community" incurring the debt so that dad owes 1/2 on the debt), so you might come out ahead if spouse decides to take you to court for the property.

Sounds like dad's got your number ("I get threatened with that every time I am late picking up the kids or something.") I'm guessing that dad made more money than you and you (wrongly?) believed that you solely were responsible for the debts, so it was to dad's interest in not litigating the property issues (it the property issues were decided, he may have had to pay you child support as well as pay you spousal support for many years since you were married for ten years). If you haven't already, you should run all this by a family law attorney.

"Also, Is there a statute of limitations on when my spouse can try to sue me for any property?"

Your husband may be hoping that there is a statute of limitations that prevent you from suing him for 1/2 the debts, spousal support, child support, and 1/2 the assets. You seem to be hoping that time will resolve all your divorce issues, but you know that time won't resolve all issues. You may want a written agreement that clearly separates all assets and debts.

I am domiciliary parent of our son, spouse is the domiciliary parent of our daughter.

What this domiciliary decision the best interest of the kids or best interest of something else?

 

[Ohiogal]

Punchcard,
Unless he can get the divorce reopened, none of that matters. The debts belong to the person in whose name they are, the property is the same thing for titled property, and personal property -- possession matters.

He doesn't have a reason to reopen the property division. What he needs to do is see about buying out his ex, having her quit claim the property to him, or convincing her to sell it on the open market. Whatever they decide to do with the real estate needs put in writing in order to conform to the statute of frauds.

 

[punchcard]

Division of community property that has not been previously adjudicated by a judgment

Punchcard,
Unless he can get the divorce reopened, none of that matters. The debts belong to the person in whose name they are, the property is the same thing for titled property, and personal property -- possession matters.

He doesn't have a reason to reopen the property division. What he needs to do is see about buying out his ex, having her quit claim the property to him, or convincing her to sell it on the open market. Whatever they decide to do with the real estate needs put in writing in order to conform to the statute of frauds.

LSA-C.C. Art. 1401 http://www.legis.state.la.us/lss/lss.asp?doc=108756 mentions filing a supplementary partition of a community asset omitted from the original community property settlement: "The mere omission of a thing, belonging to the succession, is not ground for rescission, but simply for a supplementary partition."

Dealing with community property that has not been previously adjudicated by a judgment is common. See, for example,

California Family Code Section 2556 California Family Code Section 2556 - California Attorney Resources - California Laws

"In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability."

 

[garrula lingua]

LSA-C.C. Art. 1401 http://www.legis.state.la.us/lss/lss.asp?doc=108756 mentions filing a supplementary partition of a community asset omitted from the original community property settlement: "The mere omission of a thing, belonging to the succession, is not ground for rescission, but simply for a supplementary partition."

Dealing with community property that has not been previously adjudicated by a judgment is common. See, for example,

California Family Code Section 2556 California Family Code Section 2556 - California Attorney Resources - California Laws


"In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally


Punchcard,
Why are you citing California law to interpret Loisiana ??????
Even if you did not understand that each state's laws were different and you don't cite another state's Family Law, surely you realized that LA law is based on the Napoleonic Law (civil law); CA is based on common law.

Incorrect info does not help people ...
OP,
I asked you if an attorney was involved in the divorce. The only way you can correct this is by seeking the assistance of a Louisiana attorney. If an attorney was involved, his/her bar card is in jeopardy; they may correct the situation for no/nominal fee.
You don't have a situation where someone can walk you through the correction (who knows how screwed up the pleading were, and exactly what was omitted).

 

[HopelessFool]

Thanks so much!

Thank you all for the replies! I have been unable to get to the library to check this in a while.

garrula lingua:
My spouse had an attorney. I spoke with one but never hired him to represent me once I learned that I didn't have too since we were in total agreement on all terms. My spouse's attorney wrote up papers that stated just what I said in the first post and I signed it. It was very short... Just one page...

Ohiogal:
I thought that names and titles didn't matter in Louisiana because it's a community property state?

punchcard:
Actually I was the only one making money during the 10 year marriage. Due to the ex's HORRIBLE credit, all the credit cards and everything else acquired during that time is in my name, except the house, which I THINK has both of us on the title. My spouse actually contributed close to nothing to the family besides babysitting while I worked. I have been renting the house out since we divorced and have lost thousands due to bad renters. Any idea how that will play out?

All I have is a $50k house with $46k principle on mortgage, ~$30k in credit card debt and student loans I am living off of at the moment. I have lost everything since the divorce! My credit score has gone from 785 to ~400 since we divorced due to missed payments. I don't have money to hire an attorney but my son says that my ex has been talking to one a lot... I'm scared to death I am going to lose the house and the kids, because I can't take care of them with no house!

My spouse got remarried the SAME DAY our divorce was final! Into a VERY wealthy family! They have a nice big house, a new baby and it seems like they intend to do whatever they can to make the kids theirs alone! And considering his new family virtually OWNS this small town, I don't stand a chance do I? The mayor, police chief, sheriff and half the citizens here are relatives or very close friends of theirs!

There is NO WAY I can afford a lawyer on my student loan! And I don't think they take food stamps either So ANY and ALL advice you guys can give, and already have given, means SO MUCH to me!

The kids would probably be better off in my ex's stable, wealthy, luxury 2 parent household with their brand new baby sister... I'm sure the court would agree... But I couldn't live. I would have nothing to live for... Is that selfish? I really do want whats best for them!

I will check back more often for sure! Hopefully I can make it here tomorrow to check this post again. Thanks again!!!

 

[LdiJ]

Thank you all for the replies! I have been unable to get to the library to check this in a while.

garrula lingua:
My spouse had an attorney. I spoke with one but never hired him to represent me once I learned that I didn't have too since we were in total agreement on all terms. My spouse's attorney wrote up papers that stated just what I said in the first post and I signed it. It was very short... Just one page...

Ohiogal:
I thought that names and titles didn't matter in Louisiana because it's a community property state?

They didn't matter when you got divorced, but you are no longer married therefore there community property no longer exists. It was a mistake not to deal with the community property within the original divorce. I don't know if there are any options now, I doubt that there are, but you could certainly get a consult with an attorney in Louisiana to see where you stand.

punchcard:
Actually I was the only one making money during the 10 year marriage. Due to the ex's HORRIBLE credit, all the credit cards and everything else acquired during that time is in my name, except the house, which I THINK has both of us on the title. My spouse actually contributed close to nothing to the family besides babysitting while I worked. I have been renting the house out since we divorced and have lost thousands due to bad renters. Any idea how that will play out?

Punchcard did not give you good advice the first go around. Get a consult with a local attorney.

All I have is a $50k house with $46k principle on mortgage, ~$30k in credit card debt and student loans I am living off of at the moment. I have lost everything since the divorce! My credit score has gone from 785 to ~400 since we divorced due to missed payments. I don't have money to hire an attorney but my son says that my ex has been talking to one a lot... I'm scared to death I am going to lose the house and the kids, because I can't take care of them with no house!

I am confused...are you now talking about a different house? You stated that you were renting out the formerly marital home. If you bought a different house after you divorced that is definitely your own property.

My spouse got remarried the SAME DAY our divorce was final! Into a VERY wealthy family! They have a nice big house, a new baby and it seems like they intend to do whatever they can to make the kids theirs alone! And considering his new family virtually OWNS this small town, I don't stand a chance do I? The mayor, police chief, sheriff and half the citizens here are relatives or very close friends of theirs!

I won't lie to you. That's a problem in Louisiana. Its enough of a problem that if you do hire an attorney it would be better to hire one that normally doesn't practise in your parrish, but can.

There is NO WAY I can afford a lawyer on my student loan! And I don't think they take food stamps either So ANY and ALL advice you guys can give, and already have given, means SO MUCH to me!

The kids would probably be better off in my ex's stable, wealthy, luxury 2 parent household with their brand new baby sister... I'm sure the court would agree... But I couldn't live. I would have nothing to live for... Is that selfish? I really do want whats best for them!

Children need BOTH parents. Wealth has nothing to do with it. However, its not healthy for you if you would have nothing to live for without your children. Your focus needs to be on the fact that your children need both of their parents, not what YOU need.

I will check back more often for sure! Hopefully I can make it here tomorrow to check this post again. Thanks again!!!

Come back with a stronger frame of mind.