Should I get married or stay single? Better to get divorced or stay together? These are serious questions with no one-size-fits-all answers. Rarely does someone who is getting married give much thought about a divorce. Who wants to think about how their things will be divided in a divorce before the wedding even happens?
But when a marriage ends the question of which one of you gets the sports car or the plasma TV must get dealt with. And if you can't come up with an amicable distribution that both spouses can sign off on, you may be forced to let a court decide. How do courts choose who gets what? Here’s a brief overview of marital property laws in Louisiana.
Marital Property Law
Marital property is a legal concept referring to all the possessions and interests acquired after a couple gets married. Some states, like Louisiana, recognize the concept of "community property," in which all marital property is considered equally owned. Louisiana, for its part, actually allows more flexibility in property division should the couple get a divorce.
Marital Property Laws in Louisiana
Like divorce proceedings and custody laws, marital property laws can differ from state to state. Learn more about Louisiana marital property laws and related matters below.
| Community Property Recognized? | Yes, with considerable exceptions (CC Art. 2334, et seq.) |
| Dower And Curtesy | Unknown to the law of Louisiana |
Marital Property and Separate Property
Most of the property you bought or received while you are married becomes marital property, regardless of whose name is on the title. Marital property is owned by both of you and will get divided should you get divorced. On the other hand, separate property is property one spouse owns before the marriage, and is not subject to division in a divorce. If a spouse receives property via inheritance or a gift during the marriage, it is normally considered separate property.
Generally speaking, Louisiana's community property laws make it fairly easy to split up marital property down the middle. However, under certain circumstances like when a valid pre-nuptial agreement is signed before marriage, a court could decide it is fair to have an unequal property split. Still, if you and your spouse are able to come to your own agreement regarding property division, courts will usually accept it.
Louisiana Marital Property Laws: Related Resources
When it comes to marital property and divorce, state laws are subject change. If you would like legal help with your divorce case, you can contact a Louisiana divorce attorney. You can also visit FindLaw's divorce and property section for more general information.
