Baton Rouge Louisiana Community Property Partition

Name: Baton Rouge Louisiana Community Property Partition
Brand: US Legal Forms
Rating: 4.79 (257 reviews)

Category:

Louisiana Family Law - Divorce - Community Property

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5136

Format:

Instant download

Description

This agreement accomplishes a division of property formerly belonging to the community between spouses, and is ancillary to the divorce proceedings. It includes provisions dealing with assumption of debts, execution of a promissory note and agreement on the use of summary process in the future, if necessary, to enforce the agreement.

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FAQ

Infidelity or other ?bad? behaviors do not affect the amount of community property one is entitled to. Also, one is not entitled to more spousal support, child support, or custody rights even if they can prove their spouse had an affair. Today in Louisiana, adultery actually plays a very minor role in a divorce.

What assets am I entitled to in a divorce in Louisiana? Generally speaking ? you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise).

Louisiana is a community property state. This means all marital property is usually divided equally in a divorce. However, there are exceptions that apply, including a valid prenuptial agreement, which could change how items are split between the parties.

Separate property brought into the marriage that loses its identity by commingling, replacement, etc., becomes community property. Upon termination of marriage, separate property funds used for the benefit of the community are reimbursed to the spouse whose separate property was used in the amount of 50%, not 100%.

Louisiana is one of a handful of community property states. This means in a divorce a Louisiana court will attempt to divide property and debts as equally as possible, rather than using equitable distribution rules.

Louisiana's community property laws assert that all debts and assets acquired during a couple's marriage belong equally to both spouses. A judge dividing community property must make sure that each spouse receives property of equal net value.

Louisiana's community property law establishes a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third parties.

Separate property includes: Any property which either spouse acquired before marriage. Any property which one spouse acquires as a donation or inheritance. Property which one spouse deems to have acquired using separate funds.

Louisiana is a community property state, which means that virtually all assets and debt acquired during the duration of a marriage are considered marital property, and are thus divided equally between the spouses in the event of a divorce.

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This document is given a number that is separate from the Original and Bundle. 92,818 in the Family Court for the Parish of East Baton Rouge.James J. Zito, Baton Rouge, for plaintiff-appellee Brenda Wideman Walton. How is Community Property Divided in Louisiana? Helping you find a lawyer in the "Community Resources" section.

Baton Rouge Louisiana Community Property Partition

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