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Old 08-01-2009, 03:31 AM
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Question REALLY Legally Separated or NOT?????????

Hello everyone, i'm new to the post so please help me out.

I live in Louisiana which is a communtiy property state but i have filed for a legal separation b/c i have a covenant marriage. In our separation agreement it states the terms,etc., also stated that starting on a specific date that each party will be responsible for his or her own debts and we did a break down of our debts as far as which one of is responsible for it as long as it was an individual account. Well, i'm being told by an mortgage underwriter that i have to be responsible for my husband debts b/c louisiana is a community property state and doesn'tn recognize legal separations. What can i do about this or what law in louisiana really protects me, if any? Am i really legally separated or not?


Thanks,

Mistakes225
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Old 08-01-2009, 06:45 AM
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Quote:
Originally Posted by mistakes225 View Post
Hello everyone, i'm new to the post so please help me out.

I live in Louisiana which is a communtiy property state but i have filed for a legal separation b/c i have a covenant marriage. In our separation agreement it states the terms,etc., also stated that starting on a specific date that each party will be responsible for his or her own debts and we did a break down of our debts as far as which one of is responsible for it as long as it was an individual account. Well, i'm being told by an mortgage underwriter that i have to be responsible for my husband debts b/c louisiana is a community property state and doesn'tn recognize legal separations. What can i do about this or what law in louisiana really protects me, if any? Am i really legally separated or not?


Thanks,

Mistakes225
The question isn't really a matter of your being legally separated or not. It is a matter of whose name is on the note. Is your name on the mortgage note? The mortgage that is due each month--is it in your name or his name or both?

It isn't really the fact that they don't recognize legal separations. If you are legally separated or even divorced, it the person whose name appears on the mortgage note is responsible, divorced or not. In other words if your name appears on the note, you are responsible to the mortgage company even if you divorce and he agrees to PAY for the mortgage. If he does not, your name STILL appears. Even if you sign a quit claim deed, if your name is on the note you are liable until the debt is taken out of your name via being paid off or he obtains new financing without your name appearing.

Their not removing your financial responsibility (if your name appears) has no bearing on if you're legally separated or not.

Last edited by GentleGrace : 08-01-2009 at 06:51 AM.
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