Community Property in a Louisiana Divorce

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Louisiana is a community property state. In practical terms, this means there's a legal presumption that assets acquired during a marriage are owned equally by both spouses, regardless of whose name is on an account or title. This presumption also applies to any debts that either spouse incurred during the marriage.

While this sounds simple enough, it's often not. In fact, the legal issues involved with property division make it one of the most - if not the most - complicated aspects of family law and one of the most expensive areas of dispute to resolve. That's why you need an experienced and accomplished New Orleans family attorney on your side.

Learn More About Family Law Representation from Our Firm

At Scott, Vicknair, Hair & Checki, LLC, we understand how stressful and financially disastrous divorce-related property settlement disputes can be. With that in mind, we focus on achieving solutions as efficiently as possible, which saves you money, and on making certain clients understand the issues and know what to expect in order to minimize stress.

Whatever the situation, our New Orleans divorce attorneys have the experience, resources, and resolve to protect your rights and secure your fair share of the community interests, regardless of whether you are facing a complex asset partition or a simple community property settlement. Our firm also handles property division disputes stemming from same-sex relationships.

We're up to the challenge, whether this requires:

  • Showing the court which property items should be considered your separate property under the law
  • Pursuing a reimbursement claim
  • Challenging or defending your matrimonial prenuptial or post-nuptial agreements
  • Bringing a partition action to force the sale or division of community property in conjunction with the divorce or in a completely separate action after the divorce is final

Why Planning Ahead Makes Sense

If you're not convinced your marriage is over, you might not feel comfortable with the idea of pre-divorce planning. That's understandable. A lot of people feel this way at first, largely because of the perception that "pre-divorce planning" is some sort of underhanded tactic.

It's not. It's really just a common-sense precautionary measure. For the most part, it simply involves compiling copies of bank records, deeds, insurance policies, and other legal or financial documents. This helps to create an accurate picture of your marital assets and debts, and it could save you a tremendous amount of frustration, time and money later on if your spouse tries to pull any financial shenanigans once the divorce process begins. It happens!

Call Scott, Vicknair, Hair & Checki, LLC Today!

Reach out to us to discuss your situation and marital property division concerns with an experienced New Orleans divorce lawyer today. Our team is here to help you. Call our office directly at (504) 502-7316 or contact us online.