One of the primary aspects of family law in Louisiana is community property. To make this topic clearer, this article provides further information on this.
A divorce attorney typically has their hands full in a few different areas of the law. There might be clients with child custody and support issues, community property problems, or spousal support woes. Many of the laws in the state of Louisiana dealing with family law come from the Louisiana Civil Code. This is a collection of laws that have been codified over the years. Today's article will explore some of these concepts, particularly those relating to community property.
Louisiana is a "community property" state. There are about twelve such states in America today. What that basically means is that when a couple gets married, they instantly form an imaginary (with very real legal consequences however!) "regime" between them. Any and all things which the couples earn during that marriage, which is a result of their skill or industry or work, a divorce attorney will most likely be considered part of this "regime." There are some exceptions to the rule; things like inheritances, donations, and personal injury settlements generally only belong to the spouse who receives them. In these cases we call the property "separate."
There are other ways to modify prematurely and terminate the community regime that are more complicated that a divorce attorney may do. At any rate, upon the termination of the regime, each of the spouses to the marriage is entitled to half of the community. Simple huh?
Well, it is not always super simple. Complications can arise, even for a divorce attorney. For example, we mentioned "separate property" earlier in the article. Sometimes a spouse will use their separate property to modify or improve community property. Sometimes a spouse may use their separate property to contribute towards the purchase of something they want to be community property. In these cases, if the couple cannot agree as to how to divide their property, than they will probably need the help of a Louisiana court. The court will look at the nature of the transaction involving the separate property and come to a decision.
A community property regime in Louisiana does not only share property, it also shares "obligations." For those of you out there unfamiliar with the legal concept, an "obligation" is generally some financial or material debt which a person is responsible for. One easy example of a community obligation would be the mortgage which a couple might take out to purchase a home. A divorce attorney will generally seek to split obligations right down the middle. Similarly to separate property, there might be separate obligations. If a spouse can be shown to have taken on debt which was purely for their benefit and not the benefit of the other spouse or the marriage as a whole, than spouse could be on the hook for that amount.
Some of these community property questions can become overwhelming. It is best if you find yourself in a situation where there is an issue like one above, to contact a Louisiana family law lawyer today.
Will Beaumont practices law in New Orleans and Metairie. The above is just information and not legal advice.
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