Couples who seek a divorce in Louisiana have many concerns. Among them is the division of property. Knowing the laws can help you know what to expect during your divorce.
What are the property division laws in Louisiana?
Louisiana is a community property state when it comes to property division during divorce. This means that only the property acquired by each spouse throughout the marriage can be divided among them as part of the divorce settlement. The court will also consider factors such as how much one spouse supported the other when that person sought an education or professional training. Property division during a divorce in the state also depends on whether one spouse committed economic misconduct.
How does property division work in Louisiana?
Per the law in the state, when couples get a divorce, their property is divided 50/50 unless the court deems otherwise. Any property either spouse acquired or inherited during the marriage is split evenly between them both. Property that someone obtained before the marriage is considered nonmarital property that does not get divided in the divorce.
However, while nonmarital property usually only belongs to one spouse, there are some exceptions. If that property or assets were commingled during the marriage, the court could consider that and deem it to be marital property to be distributed between the former spouses.
Debts and assets are treated the same during a divorce. Any debts a former couple amassed during their marriage are equitably divided. However, if one spouse acquired a debt on his or her own, the court will keep that in mind when dealing with this aspect of asset division.
Any gifts or inheritances either spouse receives while married is considered separate property, which means it’s not subject to division during a divorce. Like nonmarital property acquired before the marriage, the only exception is if those items were commingled.
Knowing what to expect to happen with your property during a divorce is important. It can help you protect the property that’s yours alone.