Legal Question in Family Law in Louisiana
Community property settlement with ex-wife and wife
My parents were married for 23 years and divorced in 1993. They have still never settled the community property that they owned together even still. My dad remarried for about a year and is seperated now from this woman, but has not gotten a legal divorce. For the second marriage nothing was brought into the marriage and it all belonged to my dad. My question is would the second wife be entitled to any property if something were to happen to my dad before he gets his legal divorce from her since the community property technically still belongs to my mother (his first wife) and my father and the second wife contributed nothing property wise to the marriage?
1 Answer from Attorneys
Re: Community property settlement with ex-wife and wife
Not much. I'll give an example:
If your parents own a bank account that they never touch, the amount of money in the account on the day your father remarried is equally owned by your parents.
The interest earned by that money is considered a "fruit" of that asset. Your stepmother would be entitled to one-half of your father's half of those earnings.
If your parents are like most people who don't divide properly, any cash was dealt with already and most of the property doesn't earn (it bears no fruit) so stepmother probably gets nothing.
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