Legal Question in Civil Rights Law in Louisiana

Louisiana Common Law?? A man and woman live together from 1990 until 2002 whereupon they were married in Oct 2002. Thereafter they were divorced in March 2007. due to the wife cheating by april 2007 wife had moved another man into her home. In 2010 or 2011 not sure, they decided to start working on this again after she claims she had made a big mistake. In Sept 2012 the man (my father) passed away. they never remarried and only lived together on weekends, maybe some more im not sure. I have been served papers that she is suing me and my brothers for her share of my father estate. is this possible in Louisiana? does she have grounds to sue? She also will not turn over property that belonged to him that is at her residence. I am meeting with a lawyer this week, but I have not sleep since this began. Any help and piece of mind would be great.


Asked on 4/08/13, 9:00 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

There is NO common law marriage in Louisiana. Therefore, whatever each of them owned SEPARATElY, was their separate property when they were married. Anything they purchased as co-owners before their marriage belongs to each of them in whatever percentage they purchased it. They should have partitioned the community when they were divorced. Check the divorce record about that issue. If the property was divided in the divorce, then all that should be as issue in his succession is whatever she claims she bought with him after she and he decided to spend weekends together. You need an attorney who will force the woman and her attorney to show she has some claim before she can simply make a claim against his estate.

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Answered on 4/12/13, 3:56 pm


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