Myths and misunderstandings about property in Louisiana divorces

In this information age, it is probably easier to dispel myths and clear up misunderstandings than ever before. The Louisiana State Bar Association has tried to clear up some myths and misunderstandings about separate and community property here.

Sometimes people hear one version of family law from friends, another from family and still others from popular culture and media. To clear some of the confusion, let's review some of what the Bar Association has to say about property division.

The Louisiana State Bar Association is clear on the subject of separate property: it is property that belongs exclusively to a spouse. That includes all property acquired before the marriage and all property acquired after marriage in cases in which couples have a prenuptial agreement that keeps property discrete.

Separate property can also include things such as inheritances or gifts to an individual spouse.

Community property, on the other hand, is property acquired during the marriage. That includes things purchased with income generated by the effort, industry or skill of either the husband or wife.

It also includes property acquired with community property, as well as gifts given to the couple.

Naturally, the details of what might be considered separate property or community property in your divorce will depend on the circumstances of your situation.

The family law firm of Brett K. Duncan & Co. can help you understand your legal options, and protect your rights, your property, yourself and your children. We serve the Hammond area, including Tangipahoa Parish and Livingston Parish.

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