|
|
Last Modified on Feb 17, 2026
Getting divorced is an involved process. It typically involves settling various legal matters, including the division of important property between spouses. It’s important to know how Louisiana’s community property laws impact your divorce settlement if you plan to separate from your spouse. That way, you can protect yourself and make the smartest decisions for you and your family.
An experienced divorce settlement conference attorney can explain everything you need to know about property division in your case. Laura L. Davenport, LLC, can work with you through every stage of the divorce process to protect your interests. You can hire a divorce settlement conference lawyer to go over your legal options throughout a divorce settlement conference case. Even so, you can improve your chances of a successful divorce settlement by understanding a bit about the laws yourself.
How Louisiana’s Community Property Laws Impact Your Divorce Settlement
Lack of financial stability is a huge aspect in many Americans not getting divorced these days. In a recent survey of over 3,000 couples in Louisiana, 38 percent of the respondents said they cannot afford to live somewhere else on their own if they wanted to divorce their partner. It’s important to have a solid understanding of Louisiana’s community property laws. It helps to understand how marriage creates community property under Louisiana law so you can pursue your fair share and alleviate some of the financial stress that often comes with a divorce.
Over 50 percent of homeowners in Louisiana are married couples. In a divorce case, their home is going to be one of the biggest pieces of community property, which they must figure out how to divide. The median property value in Louisiana is approximately $253,000. Other property that may be eligible for division in a Louisiana divorce includes:
- Business assets
- Commingled property
- Debts
- Financial assets
- Household items
- Income and wages
- Real estate
- Retirement accounts
- Vehicles
The majority of divorces settle out of court. Whether you’re partaking in a divorce settlement conference or mediation, you and your spouse have the opportunity to divide your assets and debts however you please, even if it’s not completely equal. It’s also important to know how hidden assets can affect your property division outcome and why full financial transparency is essential throughout this process.
If you cannot reach an agreement, you can expect a judge or third party with the authority to make a legally binding decision to step in. This person will take several factors into consideration when making a final decision, including your financial and living situations.
At any point throughout the divorce process, it’s recommended to seek legal counsel. A Louisiana divorce settlement conference attorney can explain all your options for settling the various aspects of your divorce. Your attorney can also represent you through each stage of the process.
FAQs
Can I Protect Community Property in a Divorce in Louisiana?
You can protect community property in a divorce. Prenuptial and postnuptial agreements allow spouses to predetermine important decisions about facets of the marriage in case they divorce at some point. It’s also wise to avoid commingling property to keep it safe.
Any community property that is not protected is eligible to be divided. You and your spouse have a chance to figure out how you want to do that before a judge steps in to decide.
What Are the Key Differences Between Community Property and Separate Property?
The key differences between community property and separate property lie in when and how they were acquired. Community property, also known as marital property, refers to any assets and debts acquired by either spouse during the marriage.
These include income earned throughout the marriage, property purchased with marital funds, benefits, and other purchases. Separate property, however, is any property acquired by one spouse outside the marriage. It can include gifts, inheritances, and even settlement awards from injury claims.
How Do I Go About Dividing Community Property in Louisiana?
How you go about dividing community property in Louisiana ultimately depends on the type of assets and debts with which you’re dealing. That said, there are basic steps to follow based on what you can typically expect from the process.
To start, inventory your assets, debts, and any other liabilities. It’s important to be as transparent as possible. Once community property is identified and appraised, spouses can negotiate or go to trial to settle matters and distribute property appropriately.
Can a Last Will and Testament Override Community Property Laws in Louisiana?
Generally, a last will and testament cannot override community property laws in Louisiana. If someone passes and leaves community property to a beneficiary in the will, they can expect to receive only part of the community property.
Forced heirship is another aspect of Louisiana family law that can affect how community property is divided. If you have a forced heir, you are not legally allowed to disinherit them. You must reserve a portion of your assets for them.
Hire a Divorce Settlement Conference Lawyer in Louisiana Today
If you’re going through a divorce in Louisiana, it’s important to have a solid understanding of the state’s divorce settlement conference laws. Louisiana has a unique civil law system compared to the other states, which is why it’s highly recommended that you hire a divorce settlement conference lawyer who has experience in cases like yours.
Louisianans have been trusting Laura L. Davenport, LLC, to handle their family legal matters for years. As a local Lead Counsel-rated firm, we’re committed to helping families through the challenging times in their lives and advocating for those who trust us with their cases.
We’re proud of the great reputation we’ve built over the years, earning a spot on Attorney & Practice Magazine’s Top 10 Family Law Firms list and making it on the Acadiana Profile Magazine’s Top Lawyers of Acadiana. We’ve also won multiple awards, including the American Institute of Family Law Attorneys’ Attorney Client Satisfaction Award.
If you’re ready to meet us, we’re here to listen. Our office is conveniently located in downtown Lafayette, right off U.S. 90. Reach out to set up an initial consultation with our team. In an initial consultation, we can discuss your situation in more detail.
*All awards have unique selection criteria. They do not guarantee any specific result for your case.
