Louisiana Divorce Law: What Happens to Your Property in a Divorce

When navigating a divorce in Louisiana, one of the most significant concerns for couples is the distribution of property. Understanding how Louisiana divorce law treats property can help individuals prepare for what to expect during the process.

In Louisiana, the legal framework governing property division is uniquely based on the community property regime. This means that any property acquired during the marriage is generally considered community property and is subject to equal division between spouses upon divorce. However, property division can become complicated, especially when considering separate property, debts, and other factors.

Community Property vs. Separate Property

Community property includes assets or income earned during the marriage, regardless of whose name is on the title. Common examples include:

• Real estate acquired during the marriage
• Bank accounts or savings established while married
• Retirement benefits accrued during the marital period

On the other hand, separate property is defined as any assets owned individually before the marriage or received as a gift or inheritance. Separate property is not divided during a divorce in Louisiana. It is crucial for individuals to maintain clear documentation of their separate assets to avoid complications in court.

Debt Division in Divorce

Just like property, debts incurred during the marriage are also considered community property. This means that both spouses may be responsible for jointly acquired debts, and the court will divide these liabilities during the divorce proceedings. It’s essential for divorcing couples to assess their financial situation comprehensively, which includes both assets and debts, to arrive at a fair resolution.

Steps for Determining Property Division

To determine property division in a Louisiana divorce, the following steps are typically involved:

1. Identification of Assets: Both parties must disclose all assets and liabilities, detailing the nature and value of each.
2. Classification of Property: Assets and debts are classified as community or separate property to establish what is subject to division.
3. Valuation: All community property is appraised to determine its current market value. This step is critical to ensure an equitable distribution.
4. Negotiation or Court Determination: If both parties can agree on the division of property, an amicable settlement can be reached. If not, the court will make the final decision based on Louisiana laws and guidelines.

Factors Influencing Property Division