Divorce Attorney - Examining Community Reimbursement in Louisiana

An accounting at the end of a long marriage can be tricky for the reasons outlined in this article.

First of all, what happens under Louisiana law when separate property is used to pay for a community obligation? If a spouse benefits in anyway shape or form, then that spouse is not entitled to 100% reimbursement. He or she is only entitled to 50%. Let’s take a hypothetical situation. Al purchases a house before the marriage. He and his spouse live there during the marriage, but his wife pays the mortgage. Because his wife received a benefit from living in the house, she will only be entitled to one-half reimbursement. Nonetheless, dividing a community property regime can be difficult and confusing even for a divorce attorney.

Let’s look at another hypothetical situation. Little Sallie buys a house before she gets married. Thus, the house is her separate property. During her marriage to Al, Al pays insurance and utilities for Little Sallie’s house. Soon thereafter, they hire a divorce attorney and end their marriage. Al seeks reimbursement for payments made toward Little Sallie’s separate property. In this case, a trial court may grant Al’s request. However, if Al lived in the house, a court will find that he received a benefit by making payments. Hence, a trial court would not award him money.

When dealing with community property, it can be important to contact a divorce attorney. During the course of your marriage, what you may think is your separate property could be community property. Expenses for which you believe you can seek reimbursement may not always be the case. The community property regime commences on the day of marriage and terminates at the end of it. All expenses incurred outside of that period are separate debt. Likewise, all funds earned outside that period are separate property. As a result, a spouse cannot seek to incorporate funds you made before your marriage when dividing the community property regime.

It is very important to not get swindled. Do not sit idle while your ex-spouse is represented by a divorce attorney. For example, if your wife paid your airboat note, which presumably is separate property, from her separate funds, she is entitled to reimbursement. It is important to keep a record of all bank accounts, withdrawals, purchases, sales, and even donations. We believe this can be a vital tool in determining whether something is separate property or community property. This will be helpful in determining whether you are entitled to reimbursement as well. So do not let yourself be unprepared. Nevertheless, we are here to help you.

While we want you all to be informed prior to arriving at our office; this article is just that - information. For legal advice, such as if you have a problem concerning reimbursement for use of separate funds, contact Will Beaumont, a lawyer in New Orleans, to go to work for you.

This article is informational, not legal advice.

Article Tags: Divorce Attorney, Separate Property, Community Property, Property Regime

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