Louisiana Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Louisiana, a judgment lien can be attached to real estate only (a house, land, condominium, or similar property interest).

Louisiana Laws - Louisiana State Legislature. A money judgment rendered by a trial court of this state is prescribed by the lapse of ten years from its signing if no appeal has been taken, or, if an appeal has been taken, it is prescribed by the lapse of ten years from the time the judgment becomes final.

In order to qualify for homestead exemption, Louisiana State Law requires that the homeowner must own and occupy the residence by December 31st of the applicable tax year.

Louisiana is a community property state. All property and debts acquired during the marriage are typically split equally, unless the spouses have a legally binding agreement or are subject to a court ruling to the contrary.

In order to qualify for homestead exemption, one must own and occupy the house as his/her primary residence. Regardless of how many houses are owned, no one is entitled to more than one homestead exemption, which is a maximum of $7,500 of assessed value. If you change primary residence, you must notify the assessor.

Louisiana, like many states, has homestead protection laws intended to protect people from losing their homes in the unfortunate case of a bankruptcy. Homestead statutes can allow you to set aside a specific amount of real property which would remain off-limits to certain kinds of creditors.

This exemption extends to thirty-five thousand dollars in value of the homestead, except in the case of obligations arising directly as a result of a catastrophic or terminal illness or injury, in which case the exemption shall apply to the full value of the homestead based upon its value one year before such seizure.

Louisiana Laws - Louisiana State Legislature. Section 4. (A) Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power.

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Louisiana Homestead Declaration following Decree of Legal Separation or Divorce