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Louisiana Letter to Opposing Counsel regarding Community Property Settlement Offer

State:
Louisiana
Control #:
LA-5345
Format:
Word; 
Rich Text
Instant download

Description

This is a letter from an attorney to opposing counsel regarding a proposed community property settlement in a divorce matter. Issues addressed in the proposal include the community home and the division of financial obligations, assets and personal property. Opposing counsel is requested to review the proposal with his client and then contact the attorney to further discuss the matter.

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FAQ

The general principle in family law matters is that each party is required to pay their own legal costs regardless of whether they win or lose. Courts do, however, have the power to make an order for one party to pay the other party's legal costs if they deem it appropriate.

After settlement, your lender will draw down on your loan. This means that they'll debit the amount they've paid at settlement from your loan account. You're then responsible for paying land transfer duty or stamp duty. It's usually paid on the settlement date.

How does the Family Court determine property settlement matters? Following the breakdown of a de facto relationship or marriage, it may be necessary to determine how assets, liabilities and even superannuation entitlements are divided between the parties; in other words, how property settlement will be calculated.

Make a list of assets and liabilities. Assess the initial contributions of each party. Consider the length of the relationship. Determine whether or not any assets or liabilities should go together or in separate pools. Deduct the liabilities from the assets to get the total property pool.

Property settlement lawyers' fees average about $700 an hour compared to a mediated settlement that can cost $243 for the family court filing fee or just $60 for people with a health care or student card.

Settlement: This fee is paid to the settlement agent or escrow holder.Title search: The fee to search the public records of the property you are purchasing. Document Preparation: This fee covers the cost of preparation of final legal papers, such as a mortgage, deed of trust, note or deed.

However, one rule of thumb for buyers is to figure that settlement costs will be about 3% of the price of your home. In some relatively high-tax areas of the country, 5% to 6% is more common.

A property settlement agreement (PSA), sometimes called a marital settlement agreement, is the document that itemizes what each spouse will receive when a divorce is final.It also outlines each spouse's financial responsibilities in a divorce such as paying shared debts or alimony obligations.

Some people wonder if they can save even more by money by writing their own settlement agreement and not seeking the help of a divorce attorney at all. While there is no legal requirement that you have a lawyer draft your settlement agreement, it is certainly a good idea to do so.

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Louisiana Letter to Opposing Counsel regarding Community Property Settlement Offer