subject: Divorce Law: Louisiana Community Property And Separate Property, Generally [print this page] Louisiana is one of a handful of U.SLouisiana is one of a handful of U.S. states that use what is known as the "community property regime" when dividing the property which married couples often split after divorce. There are two basic ways that property can be classified under this legal framework: either as "community property" or as "separate property." These classifications have important ramifications for the respective spouses to a marriage, because they dictate what will happen to the propertyand who will have ownership of itwhen the divorce is finalized. This article will deal with some of the basic concepts of community and separate property, and attempt to draw some general observations about each type.
Community property can be all sorts of different types of property: money, houses, cars, boats, planes, etc. One of the main criteria for community property is when and how the property was purchased. Generally, anything which was earned by the spouses during the life of the marriage is declared community property. One quick example would be money made from a job. After you marry someone here in Louisiana, generally your salary is going to be considered part of the community regime. It is also important to consider that typically when community property is used to purchase additional property, that additional property also becomes community. For example, if two spouses contribute their income towards the purchase of a vehicle. That vehicle is also community property. Actually, Louisiana law states that there is a "presumption" that property earned during the marriage is community property.
If property is deemed to be community property, than the spouses will split the property after divorce. Obviously, some assets cannot be physically split; like for example the car in the above hypothetical. In that case, a court can affix a certain value to the asset, and divide that value by two.
On the other side of the spectrum is "separate property." This is the exact opposite of community property in that, after a divorce, it is not at all divided evenly between the spouses. It is retained by the spouse who owns the property, 100%. Remember that there is a "presumption" that property in the possession of the spouses at the end of the marriage is community. That said, there are specific ways that property may escape the label. For example, an inheritance which one spouse receives from a deceased relative is generally considered separate property. The other spouse in that case would not have any ownership interest in the inheritance if the couple got divorced. Another way to acquire separate property even though the marriage is underway is by doing something called a "voluntary partition." This is a formal legal procedure whereby the spouses relinquish their community property rights. That other spouse would then own one hundred percent of the partitioned community property if the couple gets divorced.
There are myriad other examples of community and separate property. Please consult a trained Louisiana family law attorney if you find yourself in need of help in this area.
The above is provided as general information on the law -- this is not legal advice. Please consult with an attorney for any legal questions. William H. Beaumont. New Orleans and Metairie, Louisiana.
