Community Property Division

New Orleans Property Division Lawyers

An important consideration at the end of your marriage is the division of your marital assets. Louisiana is a community property state. This means that spouses generally share equally in the assets, income and debt acquired by either spouse during the marriage. However, some income and some property may be separate income or separate property. Characterization of marital property as separate or community can be complicated. You need the services of an experienced community property partition lawyer to help you. Additionally, it is important that a trained professional assist you in insuring you receive an equal share of the assets acquired during the marriage.

At Brown Weimer LLC, our New Orleans property division attorneys have extensive training and experience in resolving complex property division issues and drafting divorce settlement agreements. If you are getting a divorce, we can ensure that your property rights and interests are fully protected.

St. Tammany Parish Attorneys Help You Divide Your Marital Assets

The system of principles and rules governing the ownership and management of the property of married persons is called a matrimonial regime. In Louisiana, when persons marry they enter into a community property regime by law, unless they contract otherwise, such as by a prenuptial agreement. Thus, the vast majority of Louisiana marriages are subject to a community property regime.

When spouses divorce, the community property regime terminates and the parties must divide the assets and liabilities of the marriage. The assets and liabilities of the marriage are generally classified as community or separate. The rules to classify marital assets can be highly technical and complex.

Assets to consider in a community property partition include:

  • Bank accounts
  • Retirement accounts
  • Investment accounts
  • Real estate
  • Rental or other investment property
  • Businesses
  • Insurance Policies
  • Oil and Gas Royalties or Interests
  • Trusts
  • Automobiles
  • Home furnishings and other movable property

Debts that often need to be divided in a community property partition include:

  • Mortgages
  • Credit Cards
  • Unsecured notes and loans
  • Auto Loans

In addition to dividing assets and liabilities, either spouse may have claims against the other for reimbursement for expenses of the marriage.

Such reimbursements may include may include:

  • Payment of the mortgage
  • Insurance
  • Taxes
  • Use of community funds for personal benefit

You need a lawyer who understands these complex rules and concepts in order to make sure you get your fair share of the community. The experienced attorneys at Brown Weimer LLC, will help protect your interests when the community property of the marriage is divided.

Schedule Your Consultation With a Brown Weimer LLC Attorney Today

At Brown Weimer LLC, we help clients understand their rights under the Louisiana marital property division laws. Contact our New Orleans community property division attorneys or call our office at 504-322-1234 to schedule your consultation with our law firm today.