Louisiana Concerning Property With Right Of Survivorship

State:
Louisiana
Control #:
LA-617-M
Format:
Word; 
Rich Text
Instant download

Description

The Louisiana concerning property with right of survivorship provides crucial legal frameworks for owners and partners who share property rights in community assets. This form addresses the need for protection against potential alienation or encumbrance of community property, emphasizing the right of survivorship for co-owners. Key features include the ability to secure a temporary restraining order and a preliminary injunction to prevent any party from disposing of or concealing community property. Users must carefully fill out the form to accurately reflect the names of the individuals and property in question. Attorneys, paralegals, and legal assistants will find this form essential for safeguarding clients' interests in the face of disputes over shared property. Those involved in real estate or family law will benefit from understanding its implications in divorce or separation scenarios, particularly regarding the division of assets and rights of occupancy. Overall, this form is a vital legal tool for ensuring equitable treatment of co-owners in community property situations, fostering fair resolutions in complex legal landscapes.
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  • Preview Packet Concerning Community Property
  • Preview Packet Concerning Community Property
  • Preview Packet Concerning Community Property
  • Preview Packet Concerning Community Property

How to fill out Louisiana Packet Concerning Community Property?

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FAQ

If one co-owner dies, their interest in the property automatically passes to the surviving co-owner(s), whether or not they have a will.

Louisiana does not recognize joint tenancy with rights of survivorship (JTWROS).

When the decedent died owning community property and having no children, the surviving spouse of the decedent will inherit the community property. Any separate property will be inherited by the decedent's family. There is a specific order that the decedent's family will inherit.

JTWOS is recognized in many states in the United States, but it is not recognized in Louisiana. In Louisiana, the default form of co-ownership gives each co-owner the ability to pass by will or inheritance the co-owner's undivided interest in the property. There is no right of survivorship for the remaining co-owners.

For example, if two people, Mark and Amanda, own a property together and Mark dies, then Amanda will become to sole owner of the property even if this is not detailed in the will because the two of them purchased the property together.

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Louisiana Concerning Property With Right Of Survivorship