Bonnie and Clyde were married in Louisiana and currently reside in this State. B
ID: 2585237 • Letter: B
Question
Bonnie and Clyde were married in Louisiana and currently reside in this State. Before they were married Clyde owned 10 acres of land in Allen Parish and Bonnie had $15,000 in an account in her maiden name, the money coming from the sale of a book that Bonnie had written called” MY LIFE AS A BUDDIST NUN – OR – HOW TO LOOK GOOD IN ORANGE”. Over the next twelve years of their marriage the couple uses this $15,000 fund to pay bills or make purchases of furniture or other items for their home but they always put this money back into this fund from their salaries. After they got married the couple purchases a mobile home and places it on the 10 acres of land that owned before they got married. Ten years after they got married Bonnie’s Grandmother donates to Bonnie, individually, a 12 piece set of silverware and Clyde inherits a guitar from his Uncle Elmo. During their marriage Clyde has been secretly taking a portion of his paycheck and buying Wal-Mart stock in his name only and keeping it in a safety deposit box that Bonnie knew nothing about until after the divorce. After 12 years of marriage Bonnie catches Clyde in the arms of her best friend and she sues Clyde for a divorce on the grounds of adultery. Bonnie claims she owns all the property because of Clyde’s adultery and Clyde says he owns it all because he is the man of the family. WHO OWNS WHAT, HOW MUCH AND WHY?
Explanation / Answer
BEFORE DISTRIBUTION OF PROPERTY,LET WE DISCUSS THE DIFFRENCE BETWEEN MARITAL ANND SEPERATE PROPERTY BECAUSE THAT'S CRTICALLY IMPORTANT TO US.IN MY EXPERIENCE,MOST OF PEOPLE ARE NOT AWARE OF IT.AND ARE NOT ABLE TO DISTINGUISH.
HERE,SEPERATE PROPERTY INCLUDES:
(a)ANY PROPERTY THAT WAS OWNED BY EITHER SPOUSE PRIOR TO THE MARRIAGE
(b) ANY INHERITANCE RECIEVED BY THE HUSBAND OR WIFE (EITHER BEFORE OR AFTER THE MARRIAGE)
(c)A GIFT RECIEVED BY THE HUSBAND OR WIFE FROM A THIRD PARTY
(d)PAYMENT RECIEVED FOR PAIN AND SUFFERING PORTION IN A PERSONAL INJURY JUDGEMENT
NOTE-SEPERATE PROPERTY CAN LOSE ITS SEPERATE PROPERTY STATUS IF YOU COMINGLE IT MARITAL PROPERTY OR VICE - VERSA.FOR EXAMPLE-IF YOU RENAME YOUR PROPERTY TO YOUR SPOUSE THEN ONLY THE OTHER WILL GET PROPERTY IN CASE OF DIVORCE.HE MAY RETAIN HIS OWNERSHIP
MARITAL PROPERTY CONSISTS OF ALL INCOME AND ASSETS ACQUIRED BY EITHER SPOUSE DURING THE MARRIAGE INCLUDING,BUT NOT LIMITED TO :PENSION PLANS,ETC
IN THIS CASE:-
BONNIE WILL SEPERATELY OWNNS THE
(a)$15,000
(b)12 PIECE OF SILVERWARE WHICH HE GOT AS GIFT FROM GRAND MOTHER
(c) GUIDER INHERITED BY CLYDE'S
CLYDES WILL SEPERATELY OWNS :
10 ACRE OF LAND WHICH WAS PURCHASED BY HIM BEFORE MARRIAGE
IN CASE OF DIVORCE BECAUSE OF CLYDE ADULTERY,THEY BOTH WILL GET THERE PROPERTY THAT ARE SEPERATELY OWNED BY THEM ON THERE OWN BEACAUSE THEY REMAIN THE OWNER OF THAT PROPERTY
REMAINING PROPERTY WILL BE EQUALLY DISTRIBUTED AMONG THEM BECAUSE ACCORDING TO RULES PROPERTY PURCHASED AFTER M,ARRIAGE BY BOTH OF THEM WILL BE DISTRIBUTED EQUALLY AMONG THEM.IF WE ARE UNABLE TO DETERMINE THE RATIO,THEN WE WILL DISTRIBUTE IT EQUALLY
FOR EXAMPLE:
(a) FURNITURE PURCHASED AFTER MARRIAGE FOR HOME
(b)MOBILE HOME