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Dividing Marital Property in Louisiana

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When you and your spouse go through a divorce, you must decide how you would like to divide your property and debts. Louisiana law deems that all property acquired by either spouse during their marriage is considered to be “community property,” which means it must be divided in a way that each spouse receives property of equal net value. A couple can either do this themselves or have the court do it for them. For particularly large and important pieces of property, the courts will have to consider several factors in order to determine how it should be divided.

Community vs. Separate Property

The only property that is subject to the division process is what the law considers “community property.” This essentially includes anything acquired by either spouse during the marriage with the exception of any individual gifts or inheritances, which are treated as separate property. However, any gifts or inheritances that are mixed in with community property during the marriage, a process known as “commingling,” could be subject to division.

Determining the separation between community and separate property can become complicated quickly, particularly in the case of things like business assets, or any investments which may have started before the marriage but grown as a result of both spouses. It’s strongly advised you seek an attorney to help you with this process to ensure a fair and equitable division.

Call Chehardy Sherman Williams today at (504) 217-2006 and let us help you navigate this confusing and often contentious process.

Three Steps to Dividing Property

One of the first steps to a divorce is called “discovery,” in which both spouses disclose all of their assets truthfully to each other and the court. From there, they may argue that certain assets are “community” or “separate” and the court will decide.

Each piece of property goes through three steps in this process:

  • Determining whether the property is community or separate
  • Agreeing on the value of said property or debt
  • Deciding how to divide this property or debt

Speak with an Attorney

At Chehardy Sherman Williams, we are fully prepared to stand up for you and your rights during your divorce. We understand that everyone should be protected in order to ensure the best and most equitable outcome to a family law issue, including divorce cases. Our team of experienced New Orleans divorce lawyers always handle your case with the highest levels of tact and professional conduct, and will work with you to help you seek an optimal solution to your case.

Don’t wait! Contact Chehardy Sherman Williams online now to start your case.