It may be helpful when trying to understand community property law, to look at an example that a divorce lawyer may face. This article presents such an example.
Louisiana is a “community property” state. It is one of about twelve such states in the entire United States of America. In Louisiana, community property is property which spouses must typically split up evenly. Like most legal concepts, it is subject to a wide range of exceptions; and this article and its contents should only be consulted for general informational purposes. If you need specific information as applied to facts, contact a divorce lawyer in your area.
As I just noted, community property must be split “down the middle” between husband and wife. One of the rationales behind this division of property is that, typically, community property is earned by the spouses during and over the course of their marriage to each other.
There may be instances of property acquisition during and over the course of the marriage that do not qualify as community property however. These types of property are known as “separate” property. They are the opposite of community property in the sense that they are owned solely by the spouse who acquired them. One such example of separate property is a donation that one spouse receives. Say for example that while Jed is married to Martha that Jed’s aunt donates to him a prized painting of some sort, and does so by a formal act of donation with the help of his future divorce lawyer. This donated property will probably end up being Jed’s separate property.
There are also instances where property interests which accrue from separate property actually convert into community property. Take the example of Jed and Martha once more. Let’s say that Jed was not donated a painting, but rather an apple orchard. The orchard was given to him by his deceased father. Jed owned the orchard for about ten years while he was married to Martha. In the tenth year of owning the orchard, Martha hires a divorce lawyer.
Like the painting, the apple orchard is probably going to end up being Jed’s separate property. However, the orchard is different from the painting in that it yields additional property by virtue of its essence i.e. it bears fruits, apples.
The division of the fruits of separate property is, in part, dictated by Louisiana Civil Code article 2339. The relevant language in that article states: “The natural and civil fruits of the separate property of a spouse…are community property.” The article uses the language “natural and civil fruits” because under Louisiana law, a “fruit” does not literally need to be an edible piece of food which grows on a tree, like an apple. We use an orchard in this example only to prove the simple point that separate property ownership can create community owned property.
While Martha probably would not be interested in two or three garages full of apples, she might be interested in the value which those apples have. If for example Jed used the apple orchard and its apples to generate revenue for himself, then that revenue could arguably be considered part of the community property which he has to split with Martha.
This article is written to be general information only; it should not be taken as formal legal advice. Will Beaumont. New Orleans.
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