In Louisiana divorce, the state follows community property law. If the couple is unable to reach an agreement on property division, all community or marital assets are split equally by the Louisiana divorce court.
Under divorce law, community property is defines as all property and debt acquired from the date the marriage began until it ended. There are some exceptions. Gifts, inheritances and property owned prior to the marriage will be considered separate property and remain with each spouse. All other property will then be split equally.
The Louisiana divorce court will consider the needs of each spouse, and each party has the right to ask to be awarded the family home. Typically, the divorce court will give the family home to the spouse awarded Louisiana child custody. When deciding who to award the home to, the divorce court will consider:
Speak to a local Louisiana divorce attorney about how property division could be affected in your divorce. Call 877-349-1310 or fill out a Louisiana divorce case review form to get in touch with a Louisiana divorce attorney near you. Learn how you could protect your property when filing for divorce.
The above synopsis of Louisiana divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Louisiana divorce lawyer in your area.
Louisiana divorce laws were last updated July 2009.
Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.