Intervening Spouse & Separate Property

DATE: July 9, 2019 | CATEGORY: Lenders

Prior law in Louisiana required that the non-owning spouse appear to execute a mortgage as an intervening spouse to waive the exemption from seizure of the non-owning spouse’s homestead exemption.  The law was changed and now in the event the owner spouse has properly declared in the act of acquisition that the property is his or her separate property acquired with funds under his or her separate control, it is no longer required that the non-owning spouse sign the act of acquisition or the act of mortgage as an intervening spouse.