Thursday, April 21, 2016

Division of Property in a Louisiana Divorce

As senior partner of the Arata & Arata Law Office in Bogalusa, Louisiana, William “Bill” Arata represents clients in a variety of domestic matters. Bill Arata draws on an in-depth knowledge of divorce laws in the state of Louisiana.

In the state of Louisiana, unless there is a prenuptial or post-nuptial agreement stating otherwise, a divorcing couple must divide community property evenly between the two parties. The state defines community property as that which the couple owned following the date of marriage, while all assets owned before the marriage remain the property of the original owner. The court does allow couples to independently determine who receives which particular asset, though this agreement must undergo official review to ensure equal distribution.

If the court makes decisions on specific division of property, it typically considers custody arrangements when determining which spouse will receive the family home. Courts also take note of the financial needs of each party and any children, expected financial standing in the future, and past contributions to the home itself.

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