Settlement of Community Property - Louisiana 2025

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In common law property states, property that is acquired by one spouse is considered their sole property unless the title or deed carries both spouses names. Nine states are community property states, where marital property acquired during the marriage is owned by both spouses equally.
The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses
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.
If a married person dies without a will, the surviving spouse inherits a usufruct over the deceased spouses one-half of the community property until the surviving spouses death or remarriage.
Property division and the 10-year rule If your marriage surpasses 10 years, the court may consider various factors when dividing assets and debts. These may include your financial contributions, earning capacity, and whether certain assets are considered separate property.