Property division laws in the state of Louisiana

On Behalf of | Aug 2, 2019 | Divorce |

Much like couples in Louisiana and elsewhere get married for a wide variety of reasons, there are a variety of reasons to end a marriage. However, no matter the cause for divorce, spouses will have to go through the process of ending their union. This also means addressing marital property and splitting it accordingly.

Property division is often a contentious divorce issue. It is not always clear and straightforward that certain property is marital or separate. Thus, divorcing spouses may need to prove that certain assets or property are in fact separate property and not subject to the property division process.

The state of Louisiana is a community property state. This means that most of the property that was bought or received during a marriage will be presumed marital property. This remains regardless of whose name is on the title of something. In contrast, separate property is property that own spouse owned prior to their union and is not subject to division. Other property that may be considered separate property includes inheritances or gifts received during the marriage.

While community property laws make it fairly easy for divorcing spouses to split their marital property, there can be complexities. If a marital agreement, such as a prenuptial agreement, exists, then the terms of that agreement can outline the property division process. These documents are typically entered into to protect certain property or interests in a business. They are also helpful, as they can make the divorce process easier and quicker.

Getting a divorce can be emotional and complex. It is important that divorcing spouses understand the process and their rights throughout it. This not only helps protect them but could help avoid larger issues from arising.


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