Petition for Partition of Community Property with list of commercial property - Louisiana 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the Civil Action Number and Judicial District Court details at the top of the form.
  3. In the first section, provide your name and address as the Petitioner, followed by the Defendant's information.
  4. Detail your marriage date and location, along with any relevant divorce proceedings that have occurred.
  5. Attach a Sworn Detailed Descriptive List of all community property, including fair market values and liabilities. This is crucial for clarity in asset division.
  6. Request that the Defendant files their own Sworn Detailed Descriptive List within forty-five days, ensuring both parties are accountable.
  7. Conclude by specifying your requests to the court regarding asset partitioning and liability acknowledgment.

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Any property or income acquired during the marriage is classified as community property, while assets owed before the marriage or received as gifts or inheritances are considered separate property. During a divorce, courts aim to divide community property equally unless both spouses agree to a different arrangement.
Under Louisiana law, if the parties have a community property regime, all the property acquired or debts incurred during the marriage is considered part of the community regime. A partition of property must equally divide the assets and liabilities between the spouses.
All property and debts acquired during marriage are typically split equally, unless the spouses have a legally binding agreement or are subject to a court ruling to the contrary. Retirement benefits, including DROP or IBO funds received or accumulated during marriage, are considered community property.
This is the general process for a co-owner who wants to sell or divide the property in a partition: Start the Process. A co-owner files a request in court to divide or sell the property. The Court Decides. The judge looks at where dividing the property is possible. The Sale. Paying Costs and Debts. Dividing the Money.
The partition process in Louisiana property law provides a legal mechanism to divide or distribute co-owned property when co-owners cannot agree on how to handle the asset. Practically speaking, the word partition simply means to divide.

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Louisiana Revised Statute 9:2801 states that the Court will divide all of the community assets and liabilities and assign them to each spouse so that each spouse receives property of an equal net value.

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