Community Property

Fair Property Division for Divorcees in Baton Rouge & Surrounding Areas

Dividing community property can be one of the most complex aspects of divorce, requiring skilled legal representation to protect your rights. Prater Bailey & Associates, LLC serves Baton Rouge, Denham Springs, Prairieville, Gonzales, Central, Port Allen, and the surrounding areas in Louisiana, providing expert guidance for all community property cases, whether before or after the divorce is finalized. Our skilled legal team is dedicated to assisting you in navigating these difficult legal issues and ensuring that assets are divided fairly. For a case assessment and to begin the process of addressing your property concerns, give us a call at (225) 381-3141.

A man and a woman are sitting at a table signing a document.

Community Property Cases

Louisiana has community property law, which means that unless you have a marriage contract in place, assets and debts acquired during the marriage are community property. Of course, there are always exceptions to the rule, but generally speaking, Louisiana law provides for the assets and debts of the parties to be equally divided in the community property partition.

  • Community Property Law: In Louisiana, assets and debts acquired during the marriage are considered community property unless a Marriage Contract is in place.
  • Types of Community Property: Income, real estate, vehicles, and certain retirement benefits earned during the marriage.
  • Equal Division: Louisiana law typically divides community property and debts equally between the parties in a property partition.
  • Exceptions to the Rule: Separate property, such as assets acquired before the marriage, gifts, or inheritances, may not be divided equally.
  • Legal Guidance: Navigating the complexities of community property division requires experienced legal representation to ensure a fair outcome.

Louisiana Revised Statute 9:2801 governs the partition of community property. 

Statute 9:2801

Louisiana Revised Statutes § 9:2801 outlines the rules governing the classification and treatment of property in the event of a divorce. This statute specifically addresses the concept of community property, which encompasses all assets acquired by either spouse during the marriage, with exceptions for separate property, such as assets owned prior to marriage or received as gifts or inheritances.

La. R.S. 9:2801 emphasizes equitable distribution, mandating that community property be divided equally between spouses upon divorce, though it allows for adjustments based on various factors, including the duration of the marriage and the contributions of each spouse. The statute also highlights the importance of transparency regarding property ownership and allows for the enforcement of prenuptial or postnuptial agreements that alter the default division of property. Understanding this law is crucial for individuals navigating divorce proceedings in Louisiana, as it helps clarify rights and responsibilities concerning property division.

Share by: