In Louisiana, all property acquired during the marriage may be considered a common property, unless the property is expressly classified as a separate property. The manner in which an asset is titled normally plays no role in determining property rights. Instead, many factors are taken into account, such as the source of the funds, the terms and timing of the purchase. In most cases, when the asset is purchased with community funds, it is usually a common property, even if it is held in the name of a spouse. When the estate relates to the estate of the participating spouse, the rules are clear: the account is transferred to the designated beneficiary, regardless of the common inheritance interests of the non-participating spouse. The will of the deceased is insignificant; controls the name of the beneficiary. Spouses may enter into a marital agreement that alters or terminates a matrimonial regime during the marriage solely on the common petition and the court`s finding that it serves their best interests and that they understand the principles and rules in force. However, they may, at any time, without judicial authorization, submit to the legal order by a marriage agreement. D. The court may decide, during the adversarial proceedings authorized by the provisions of this section, whether the family home is separated or in common.
Section 9:374. Accordingly, it is recommended that a judgment that separates the former community of acquittals and benefits should include a recitation that the community ownership regime was terminated at the same time as the termination date. While this is not necessary, lawyers should understand that if they do not insert this language into their judgment and/or disposition, the execution of their divisional judgment is delayed, as our office must request the file from the administrator`s office before the judgment can be rendered. The following reproach is not intended to call into question the division of the Community: damage caused by a spouse by fraud/mismanagement of individual property. The property acquired during the marriage and which is considered a separate property by a separate marriage contract or property contract. Each spouse is currently halfway to the common property. Nevertheless, neither the Community nor the things of the Community can be distributed through the courts before the end of the regime. If the parties are unable to reach an agreement on the sharing of the condominium, the court must participate. An asset that is often difficult for parties to agree on pension assets, including retirement plans, for which valuation is less concrete at the time of divorce. Age credits can become even more complex, sometimes requires an order of qualified domestic relationships.
If you have trouble understanding asset-sharing requirements, an experienced lawyer can help. Read on to learn more about condominiums and how it is divided in Louisiana in the event of a divorce. The Court will not sign a judgment that characterizes as “fair and equitable to both parties” a community separation of property that is annexed or which somehow homolises a separation of community property. BUT, in cases where the terms of the Community real estate settlement agreement do not divide the specific property to be shared, this uncertainty with regard to the inclusion of objects, the judge may correctly admit Parol evidence to determine what elements the parties intend to share.