Is Rent Received From A Rent House Considered Community Property?

We frequently encounter this question during consultations for couples seeking prenuptial agreements.  If one party owns property that he is renting out to someone else, and for which he receives a monthly rental payment, will those payments be considered community property, or the property owner's separate property after marriage?

The answer is, the payments are considered the community property of the spouses.  Even if the rental property itself was acquired before marriage, and is therefore separate property, the rental payments are considered fruits of the rental property.  Louisiana law states that the fruits of separate property are classified as community property.

However, if a party wishes to reserve the rental payments as his separate property, he may do so by making a written declaration to that effect.  The declaration must be in the form of a notarized, authentic act.  The property owner must provide a copy of the declaration to his spouse prior to filing, and the declaration must be filed in the conveyance records of the parish where the property is located.  Such a declaration may also be incorporated into a prenuptial agreement.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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How Can Someone In Prison Get A Document Notarized?

In Louisiana, any person whose signature is notarized must appear in person before the notary.  Since an incarcerated person cannot visit a notary’s office, a family member or friend must employ the services of a mobile notary in order to visit the incarceration facility.

Prisons have specific visiting hours, and all visits must be approved beforehand by prison officials.  There are also specific procedures unique to each facility that the notary must follow before being granted permission to visit a prisoner.

If you need a notary to visit someone in prison to notarize a document, it is a good idea to have that person also sign a Power of Attorney form during the visit.  A Power of Attorney allows the incarcerated person to authorize someone on the outside to sign documents and act in certain matters on his behalf for the duration of his incarceration.  This can provide great peace of mind for family members, and can eliminate delay in matters requiring the incarcerated person's attention. Once the person is released from prison, the Power of Attorney can be revoked.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

www.TheBluestInk.com

 www.TheOnlineNotaryUS.com

Do I Need an Affidavit of Residency or Legal Custody for School?

As the new school year approaches for East Baton Rouge Parish, it's time to start thinking about what you may need for the registration of your child, or a child living in your home.

In EBRP, if the parent and the child live together in someone else's home, the parent will need a notarized Affidavit of Residency form.  This form can be downloaded from our website here.  The cost to notarize the form in our office is $10.

If the child lives with someone other than the parent, the person with whom the child resides will need Legal Custody of the child in order to register the child at a school in the homeowner's school district.  Obtaining legal custody requires a court process, which is also a service provided by The Bluest Ink.

The informational page regarding residency requirements from the EBR Schools website can be found here.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

www.TheBluestInk.com

www.TheOnlineNotaryUS.com

What is the Procedure for a Name Change in Louisiana?

In Louisiana, if a person desires to change his name, he must petition the court in the parish in which he resides, stating the reasons why he desires to change his name.

In order to change a child’s name, the parents must petition the court on the child’s behalf.  Both parents must sign the petition unless one parent has been judicially granted custody of the child, and the other parent has failed to support or communicate with the child for an extended period of time.

The district attorney’s office is responsible for reviewing all requests for name changes, and granting or denying the requests.  The D.A. researches to determine whether the name change is requested for any improper purpose, such as a criminal attempting to elude law enforcement.  If the D.A. has no objection to the name change, he submits an answer to the petition stating as much.  A judgment that effectively changes the name can be signed by the judge thereafter.

Once a judgment is received, the petitioner must take the judgment to the appropriate agencies in order to have identification documents, such as social security cards and driver’s licenses, reissued in the new name.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

www.TheBluestInk.com

www.TheOnlineNotaryUS.com