This article is the third on what to consider doing and to consider not doing when going through a divorce. It provides more information on some specific areas of family law.
Welcome to my “Dos and Don’ts” article series on Louisiana family law. In these articles I try and generally cover a few basic principles involving all things to do with family law. Keep in mind that these articles are for educational purposes only, and it impossible to assess the probability of a legal outcome without knowing all the facts in a real-world scenario. If you find yourself confronted by a situation such as one below, you may need to consult with one of your local divorce lawyers. That said, today’s article will concentrate on issues related to community and separate property.
DIVORCE LAWYERS DO: remember that the community property regime commences when you marry your spouse. This means that anything bought with or through the skill, income or industry of the spouses generally will be considered community property. This means that it will be owned evenly between the spouses. Sometimes a husband or wife will walk through the door and think that because they put their money in a separate bank account, or used it to buy a car that their spouse never knew about, that these things the other spouse is not entitled to it. Wrong! In Louisiana, there is actually a presumption that things acquired during the marriage are community property; and so if you want to make sure something that is yours separately stays yours separately visit a family law attorney.
DIVORCE LAWYERS DON’T: think that if your spouse helps you improve your separate property that you will not have to compensate them for their labor. If the labor which they performed was uncompensated, and it resulted in the increased value of your separate property, there is a chance that they will be able to hold you financially accountable for their improvements. The amount you are liable for depends on the improvements made.
DIVORCE LAWYERS DON’T: think that community obligations are any different from community property, in that they are shared equally between spouses. Remember, community property is divided evenly. If the couple incurred a community obligation together during the course of the marriage, they are jointly liable for it. Keep in mind however that if one spouse incurs the debt, and does so not for the benefit of the other spouse and not for the benefit of the spouses generally, than that debt very well might be separate. This of course means that the spouse who incurred the separate debt is going to be the one on the hook.
DIVORCE LAWYERS DO: remember that inheritances to one spouse will be considered that spouse’s separateproperty. The same is generally true for donations made to one spouse. The case is much different if the inheritance or donation donates or bequeaths the property to both spouses to be enjoyed as a couple. If that is the case, then the property will likely be community property.
This above is informational only, not legal advice. Will Beaumont. New Orleans.
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
