How a Divorce Lawyer May Classify Property under Louisiana Community Property

One issue that normally comes up when a spouse approaches a divorce lawyer in Louisiana is the division of the property.  In Louisiana, all property that exists between spouses can be considered either “separate” or “community.”  They difference between these two types of property is significant.  The reason is that a spouse whose property is deemed “separate” will likely get to keep that property; whereas property that is deemed “community” will be split evenly between the two spouses.

Let’s say we have a husband and wife John and Pauline.  After they are married, both John and Pauline get new high paying jobs.  On the basis of this, they decide to buy a house together.  This is actually the second house that John has a property interest in, the reason being that he already had purchased a house prior to his relationship with Pauline.  The house that John purchased was in the Florida Keys, and despite its existence, he and Pauline never really made it out there to spend time in the sun.

After they are married, Pauline inherits money from her deceased father.  The father leaves in his will about fifty thousand dollars to Pauline.  Pauline is careful to put the money in a separate bank account (she and John actually have a joint checking account as well, where they deposit all the checks that they earn from their jobs.)

Now let’s say that John decides to contact a divorce lawyer to end his marriage to Pauline.  It is not amicable, and they just cannot agree on the division of their property.  Thus, they seek the help of family attorneys and a Louisiana court to oversee the division of their assets.  It is important to note that this is only a hypothetical, and that it is impossible to say in a general sense what will happen given the circumstances.  In real life, there are many factors that may come into play.  That said, a divorce lawyer might be able to make some tentative conclusions about the division of Pauline and John’s property.

For example, there is a good probability that Pauline’s inheritance will be considered her separate property.  That is because Louisiana law considers inheritances and donations made to one spouse during the marriage to be separate. 

Another asset that a divorce lawyer would likely urge a court to classify as “separate” is John’s house in Key West.  John purchased the house before commencing the marriage with Pauline.  Again, assuming only the facts in the hypothetical, this house is likely John’s separate property because it was purchased by John alone and was done so before the community property regime began with Pauline.

There are two things in this example that are arguably community property.  One is the joint checking account that John and Pauline share.  This is probably community property because it consists of paychecks that John and Pauline earned over the course of their marriage, and while the community property regime was in place.  Similarly, the house that they purchased together is also probably community property.  Once again, the reason being that it was purchased by both spouses during the course of the marriage.

Will Beaumont is a divorce lawyer in New Orleans.  This article is purely informational and not legal advice.  If you have a question, contact an attorney for more information.