Fisherman’s Paradise: A New Orleans Divorce Attorney Goes Through Community Property

Let's say that Trish and Tobias have just been married. They live in New Orleans in an apartment, and each of them pays their share of the rent. Tobias works at night as a manager at a local store and Trish works in a nail salon.

One year after they are married, Trish finds out that her long lost uncle has just died. Trish had never really met him before, so she was very surprised to find out that this uncle actually bequeathed her something in his will. It turns out that the uncle has a very nice little fishing cottage somewhere out in the bayou around the New Orleans area. While Trish probably would have been happier if she had just inherited money from her uncle, she nonetheless accepts the property.

Tobias, on the other hand, is totally excited. In his younger years, he had actually competed in the Bass Master Open Invitational fishing tournament five times in a row. One of those times he even came in second place. Suffice to say, Tobias is quite the avid fisherman. He has not had as many opportunities to go fishing lately however because making the trip outside of the city to the best fishing holes can take a long time; and then he barely can get in any fishing before he has to head back at sundown. Tobias figures that this cottage which Trish just inherited will be perfect for his fishing pursuits.

And it is. For the next seven years, Tobias goes out to that cottage all the time. It is situated perfectly right off of a bayou, and Tobias could even fish from the porch if he wanted to. Over the course of those seven years, Tobias fixed up a few walls in the cottage, added a new and better roof, and even installed a heater.

Meanwhile, during those exact same seven years, Trish has only been out the cottage one time. She really does not like the outdoors anyway, and the one time she went there it was covered in bugs. Trish has no idea why Tobias enjoys the cottage so much.

Let's say in year eight of their marriage, Trish and Tobias decide to get a divorce. In the course of things, it turns out that neither one of them can agree on how to divide their property. The issue of the cottage is very contentious. Trish claims that the cottage is purely hers because she inherited it from her uncle; Tobias says that she never wanted the cottage anyway, that he is the only one who has derived any pleasure from it, and also that he has made repairs to the cottage.

One article in the Louisiana Civil Code which their lawyers might consult to deal with this issue is number 2341.1. This article reads in pertinent part "A spouse's undivided interest in property otherwise classified as separate property...remains his separate property regardless of...improvements thereto, or by whom the property was managed, used, or enjoyed." This language would suggest that Tobias' improvements and enjoyment of the cottage do not transform it into community property he shares with Trish, but rather the cottage is likely Trish's separate property.

This above is informational only, not legal advice. Will Beaumont. New Orleans