Divorce Lawyer: Louisiana Community Property Example

In the state of Louisiana, spouses generally share what is known as "community property." This generally means that the things the spouses earn during the course of their marriage are shared equally between them. There are exceptions to this rule, and things can get very complicated quickly, even for a divorce lawyer. A court may have to classify all of the different things owned between to the two ex-spouses, and decide which ones are community and which things are not.

Take for example Carl. Carl has been married to Tina for fifteen years. In their sixteenth year of marriage, Carl hires a divorce lawyer to end his marriage. As part of the proceedings, the community property regime must be divided evenly. Because Carl and Tina cannot agree between themselves how to divide the property, they may seek the assistance of a Louisiana court. One of the main sources of disagreement between Carl and Tina regarding their community property is a supercharged sports car. The car has a value of over one hundred thousand dollars. Tina thinks that she is entitled to half of the value of the car, and Carl disagrees.

The car is under Carl's name. He is the registered owner and operator, and his name is on the title. Some people might think that this in and of itself important, but a Louisiana court will likely look elsewhere when determining whether the car is part of the community regime. For example, the other divorce lawyer will probably attempt to find out how the car was purchased, and with what funds.

Carl's divorce lawyer may point out that the car was a lucky purchase. When Carl's father died seven years ago, he left to Carl in his will one hundred thousand dollars. Carl's father did not leave the money to Carl and his wife, only to Carl. Carl put the money in his personal bank account, and almost immediately ran down to the car dealership to purchase the racecar. Tina went with him. While Carl was writing the check to the dealership, the car salesman told him that, with taxes, the car actually would cost a total of one hundred and one thousand dollars. Carl was perplexed, because he only had exactly one hundred thousand dollars in his bank account (he was not very good with personal finances.) He tried to talk down the salesman to the one hundred thousand dollar amount, but he salesman would not budge on the price. Then Tina suggested that she write a check from the bank account that she shared with Carl for the remaining one thousand dollars. Carl agreed, and the two walked out of the dealership that day with the keys.

Tina's divorce lawyer might advise her that she may not get any of the value of the car in this case, because Carl purchased it mainly with his separate property. The money he got from inheritance, in Louisiana, is considered "separate" from the community property regime. Even though Tina contributed one thousand dollars towards the purchase of the car, which came from a bank account that was community property, the amount which she contributed was infinitesimal compared to amount that Carl paid from his separate property.

For a greater understanding of the law, contact an attorney, as this article is just information in nature and not legal advice. Will Beaumont has an office in New Orleans.