Divorce Lawyer: Community Property in Louisiana

Before marrying another person, it is important for you to know that Louisiana is a community property regime state.  It means that when two people get married, both the husband and the wife typically own everything accumulated during the marriage.  A divorce lawyer usually divides the assets upon termination.  Before the marriage, things acquired by either party are separate property.  The termination of a community property regime typically takes place in conjunction with a judgment ending the marriage.

As one may well imagine, community property partitions can be acrimonious between ex-spouses even with a divorce lawyer.  Nonetheless, the trial court’s goal is to make an equitable decision based upon the admitted evidence.  Before we explore hypothetical fact patterns, we will discuss specifically what is considered community property.  A spouse’s income accrued during the marriage is community property.  The matrimonial domicile (the married couple’s home) is community property if purchased with community funds.  Funds accumulated during the marriage in retirement and pension plans are considered community property.

Before entering into a community property regime, it would be best served to understand generally how the regime works.  An example that a divorce lawyer may encounter is one between Ricky and Lonely Lee.  Ricky and Lonely Lee seek to partition of the community property regime.  Ricky worked during the marriage, while Lonely Lee stayed at home. After twenty years of marriage, he made 3 million dollars, all of which is in their joint savings account.  Although Lonely Lee did not work during the marriage, she is entitled to half of the 3 million dollars since it is community property.

Before the marriage, Ricky’s parents gave him the house, which became his matrimonial domicile.  Lonely Lee seeks to include the home in the community property partition. Unfortunately for Lonely Lee, the home is Ricky’s separate property.  Thus, Lonely Lee is not entitled to ownership of the house.  Because Ricky acquired the home before the marriage, the principle of real subrogation sustains the home as his separate property.

Real subrogation means that the classification of a thing does not change even though the thing is transformed into something else.  For example, Ricky’s parents gave him a car before he got married.  After he got married, he sold the car.  Even though he sold the car during the marriage, a divorce lawyer may argue that the proceeds from the car are his separate property since the car was his separate property.  The trial court may require proof of income, bank statements, and other assets.  Then, the court will review the evidence and determine what community is and what is not.

Often times, a spouse may feel that it is unfair for the other spouse to profit from a failed relationship by acquiring half of the other parties’ income.  While it may be reasonable to feel this way, the law says otherwise.  Sometimes the results are not equitable.  For example, Ricky owned a car dealership 14 years before he got married.  He makes 23 million a year.  His divorce lawyer files to legally end the marriage.  Even though the wife may not have been working, she still gets half of Ricky’s income during the marriage.  When dealing with community property issues, do not get frustrated; get an attorney.