A divorce attorney usually has their hands full in a few different areas of the law. There may be clients with child custody and support issues, community property issues, or spousal support issues. Many of the laws in the state of Louisiana that deal with family law come from the Louisiana Civil Code. This is a collection of laws that have been codified over the years. Today’s article will explore some of these concepts, particularly those related to community property.
Louisiana is a “community property” state. There are about twelve such states in America today. What that basically means is that when a couple gets married, they instantly form an imagined “regime” (with very real legal consequences, however!) between them. Any and all things that couples earn during that marriage, which is a result of their skill, industry, or work, a divorce attorney would most likely be considered part of this “regime.” There are some exceptions to the rule; Things like inheritances, gifts, and personal injury settlements generally only belong to the receiving spouse. In these cases we call the property “separate.”
There are other ways to prematurely modify and terminate the community regime that are more complicated than what a divorce lawyer can do. In any case, upon termination of the regime, each of the spouses of the marriage has the right to half of the community. simple huh?
Well, it’s not always super simple. Complications can arise, even for a divorce lawyer. For example, we mentioned “separate ownership” earlier in the article. Sometimes a spouse will use their separate property to modify or improve community property. Sometimes a spouse can use his separate property to contribute to the purchase of something he wants to be community property. In these cases, if the couple cannot agree on how to divide their property, they will probably need the help of a Louisiana court. The court will review the nature of the transaction involving the separate property and make a decision.
A community property regime in Louisiana not only shares the property, it also shares the “duties.” For those of you unfamiliar with the legal concept, an “obligation” is generally a financial or material debt for which a person is responsible. An easy example of a community obligation would be the mortgage that a couple might take out to buy a house. A divorce lawyer will generally look to split the obligations in half. Similar to separate ownership, there may be separate obligations. If it can be shown that one spouse assumed a debt that was purely for the benefit of the spouse and not for the benefit of the other spouse or the marriage as a whole, then the spouse could be in trouble for that amount.
Some of these community property questions can become overwhelming. If you find yourself in a situation where there is a problem like the one above, it is best to contact a Louisiana family law attorney today.
Will Beaumont practices law in New Orleans and Metairie. The above is information only and not legal advice.