Divorce,Lawyer,Community,Prope law Divorce Lawyer: Community Property in Louisiana
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Before marrying another person, it is important for you toknow that Louisiana is a community property regime state. It means that when two people get married,both the husband and the wife typically own everything accumulated during themarriage. A divorce lawyer usuallydivides the assets upon termination. Before the marriage, things acquired by either party are separateproperty. The termination of a communityproperty regime typically takes place in conjunction with a judgment ending themarriage.As one may well imagine, community property partitions canbe acrimonious between ex-spouses even with a divorce lawyer. Nonetheless, the trial courts goal is to makean equitable decision based upon the admitted evidence. Before we explore hypothetical fact patterns,we will discuss specifically what is considered community property. A spouses income accrued during the marriageis community property. The matrimonialdomicile (the married couples home) is community property if purchased withcommunity funds. Funds accumulatedduring the marriage in retirement and pension plans are considered communityproperty.Before entering into a community property regime, it wouldbe best served to understand generally how the regime works. An example that a divorce lawyer may encounteris one between Ricky and Lonely Lee. Ricky and Lonely Lee seek to partition of the community property regime. Ricky worked during the marriage, whileLonely Lee stayed at home. After twenty years of marriage, he made 3 milliondollars, all of which is in their joint savings account. Although Lonely Lee did not work during themarriage, she is entitled to half of the 3 million dollars since it is communityproperty.Before the marriage, Rickys parents gave him the house,which became his matrimonial domicile. LonelyLee seeks to include the home in the community property partition.Unfortunately for Lonely Lee, the home is Rickys separate property. Thus, Lonely Lee is not entitled to ownership ofthe house. Because Ricky acquired thehome before the marriage, the principle of real subrogation sustains the homeas his separate property.Real subrogation means that the classification of a thingdoes not change even though the thing is transformed into something else. For example, Rickys parents gave him a carbefore he got married. After he gotmarried, he sold the car. Even though hesold the car during the marriage, a divorce lawyer may argue that the proceedsfrom the car are his separate property since the car was his separate property. The trial court may require proof ofincome, bank statements, and other assets. Then, the court will review the evidence anddetermine what community is and what is not.Often times, a spouse may feel that it is unfair for theother spouse to profit from a failed relationship by acquiring half of theother parties income. While it may bereasonable to feel this way, the law says otherwise. Sometimes the results are not equitable. For example, Ricky owned a car dealership 14years before he got married. He makes 23million a year. His divorce lawyer filesto legally end the marriage. Even thoughthe wife may not have been working, she still gets half of Rickys incomeduring the marriage. When dealing withcommunity property issues, do not get frustrated; get an attorney.Attorney Will Beaumontworks primarily out of New Orleans, La. This article is only meant to inform, not to be legal advice.
Divorce,Lawyer,Community,Prope