What are my rights to the house and alimony?

UPDATED: Dec 16, 2012

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What are my rights to the house and alimony?

I have been married for 14 years. My husband and I are having major problems. I have 3 children, non of whom are his but he has raised them for the past 14 years. About 3 years ago, his mom was killed in a car accident. We built a house with the money that he received from the other person’s insurance company but it was not enough, so he uesed out joint funds. However, he is controlling the money so I would not know how much of it has gone into this house. He wants me to get nothing. We have no mortgage but I’m on the insurance policy and permit. He left the home last night. I can’t work due to health issues. Can I get alimony and can he kick us out?

Asked on December 16, 2012 under Family Law, Louisiana


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 10 years ago | Contributor

Since the house was purchased during the marriage, the house is "marital property".  Both of you have equal rights to the house.  In a divorce action, the house can either be awarded to you, or him, or the house could be sold with the proceeds equally divided between the two of you.  If one of you retains the home, then the party retaining the home will likely be required to buy out the other party by paying 50% of the equity in the marital home.  And since you have been married 14 years, you should be entitled to alimony on a temporary or permanent basis.  Please contact my office to provide more detail.

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