Q&A

How are assets divided in divorce in Louisiana?

How are assets divided in divorce in Louisiana?

Louisiana divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title. In most cases, community property will be divided 50/50 between the spouses.

How are assets divided in a divorce in Louisiana?

According to Louisiana divorce laws, all assets and debts deemed to be marital property are divided in half. Before this happens, the determination must be made as to what constitutes marital property.

What are the divorce laws in the state of Louisiana?

Louisiana is a community property state. According to Louisiana divorce laws, all assets and debts deemed to be marital property are divided in half. Before this happens, the determination must be made as to what constitutes marital property.

What happens to commingled property in a Louisiana divorce?

Spouses who can’t decide what belongs to whom will have to let a court decide whether commingled property was a gift to the marriage or whether the original owner should be reimbursed in whole or in part. See La. Civ. Code ยง 159 (2020). Are Student Loans Community Property in Louisiana? The answer depends on when the student loans were taken out.

What makes property a separate property in Louisiana?

In Louisiana, property that one spouse owned by themselves before a marriage, or property that was given to them by a gift or inheritance during a marriage is considered separate property and not subject to a division of assets.

How are property laws affected by a divorce in Louisiana?

The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc. Louisiana is a community property state, and only property acquired during the course of the marriage is subject to division following divorce.

How are marital assets divided in Louisiana law?

Louisiana Property Division Summary. Louisiana divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title.

How is property divided in the state of Louisiana?

Divorce and Property Division in the State of Louisiana. Assets acquired by Louisiana couples during their marriage are generally considered community property and are divided into equal shares should they divorce.

Can a gift be claimed as separate property in Louisiana?

When one spouse receives a gift or inheritance in Louisiana, it is considered separate property and not subject to equitable distribution. For an asset to continue to be claimed as separate property, a spouse should be prepared to provide evidence that the asset is indeed separate property and has not been commingled with marital assets.