How,Louisiana,Divorce,Lawyer,W law How a Louisiana Divorce Lawyer Would Classify and Divide Pro
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When spousesown property that is outside the state of Louisiana, it can be a problem for adivorce lawyer to attempt to value it and then partition it as part of acommunity property division. Generally,when spouses become domiciled in Louisiana and do not opt out of the communityproperty rules within a certain length of time, their property will be subjectto Louisianas community property rules. But, there are some technical rules in this area of family law. These rules fall into two broad categories:movables (cars, money, etc.) and immovable property (land, things permanentlyattached to land, etc.).Movables: The default rule with regard to movable is, tostate it simply, if one spouses is living in Louisiana and buys movables here, Louisianacommunity property applies to those movables. (To say this in a more technicalsense, Louisiana community property law applies to movables that are acquiredby a Louisiana domiciliary IF the movables were acquired in Louisiana when theacquiring spouse was domiciled in Louisiana.) But, if prior to becoming subject to Louisianas rules ofcommunity property (by being domiciled here), and one of the spouses acquired amovable in another state, the movable would likely belong to the spouse thatacquired the property with the other spouse being entitled to one-half of itsvalue. (Again, the technical explanationof this is that the default rule does not apply for movable property that wasacquired prior to one of the spouses becoming domiciled in Louisiana AND isoutside of the state of Louisiana -- the property is the separate property ofthe spouse that acquired it and the other spouse is entitled to half its value.)One issue that seems to arise somewhat frequently is whenthe spouses have not ended their marriage, but have been living separately indifferent states and the spouse that is living outside of Louisiana getsinjured and gets a large personal injury judgment. From the perspective of a divorce lawyer, itcould be possible to try to get Louisiana law to apply community property lawto this. (As a side issue, due to thenature of personal injury awards, it is likely that the amount that thenon-injured spouse will get might be somewhat limited.)Immovable Property: A divorce lawyer will generally treatthis similar to movable property upon an end to the community property regimein Louisiana. Here, the default law isthat the state where the property is located dictates the law. But, essentiallysimilar to movable property, if prior to if prior to becoming subject toLouisianas rules of community property (by being domiciled here), a spouse gotimmovable property in another state, it will likely belong to that spouse withthe other spouse getting half its value. (There are other exceptions, but they do not generally apply to adivorce lawyer.)Immovable property in Louisiana: the divorce lawyer wouldlikely classify the immovable property as community. Will Beaumont is an attorney in New Orleans. This article is strictly informational andnot legal advice.
How,Louisiana,Divorce,Lawyer,W