Ascension Parish Community Property Lawyer

Ascension Parish Community Property Attorney

Because Louisiana follows community property guidelines, married couples share joint rights to the property that they gather throughout their relationship. While this makes married life easier, it can often cause issues if a couple later needs to divorce. If you’re dealing with community property problems, it’s imperative that you talk to a skilled Ascension Parish community property lawyer. Reach out to Magnolia Law for dependable legal help in Louisiana today.

Choose Magnolia Law for Your Community Property Needs

Taking legal action is never easy, especially when your personal property is involved. At Magnolia Law, we empathize with the difficulties of your situation and are prepared to work tirelessly to find resolutions to your property issues. Our lawyers have extensive experience in Louisiana family law, helping us to provide exceptional legal aid in a myriad of circumstances. For assistance with a community property case in Louisiana, consult our team at Magnolia Law.

Understanding Community Property Laws in Louisiana

When a couple decides to get married, all the aspects of their lives become shared. However, some states follow different guidelines when assigning rights to marital property and how it must be divided if a couple divorces. While many states follow equitable division of property guidelines, others are considered community property states.

In Louisiana, the state follows guidelines known as “community property” laws. According to these laws, both spouses share equal ownership of all their marital property. This means that each spouse is technically entitled to 50% of each piece of property that they’ve collected. Marital property can include any assets that a couple gathered while they were officially married, ranging from the family home and personal vehicles to stocks and debts that were accrued.

Because community property laws grant spouses equal ownership of their marital property, they also require assets to be split as equally as possible if a couple divorces. In order for the state to split marital property fairly, both spouses must take the time to identify and value all of their community assets. This process can often take months to complete, especially when spouses disagree over property rights.

Common Community Property Issues in Louisiana

The division of community property commonly causes issues between spouses, as oftentimes, one spouse may attempt to receive more assets in the split. Luckily, our team at Magnolia Law is aware of the dishonest tactics your ex may try to use and can help protect you against them. Some of the most common issues we’ve experienced with community property cases include:

• One spouse omitted or lied about certain pieces of marital property, making it seem like there were fewer assets to divide.
• One spouse attempted to sell a piece of property without the other spouse’s consent.
• One spouse took, hid, or spent a marital asset without the court’s approval or the other spouse’s consent.
• One or both spouses lied about their incomes, causing issues for the court when they attempted to create a fair settlement.
• One or both spouses purposely underestimated the value of their marital property on their inventory, making it seem like the assets were less valuable.
• One spouse is claiming that a piece of marital property is separate property.
• Marital and separate assets became “commingled,” making it difficult to identify the true owner of the property.

FAQs

Q: Why Do You Need a Louisiana Community Property Lawyer?

A: Having a Louisiana family lawyer on your side is critical when dealing with any sort of community property problem. Without an experienced attorney’s help, you can easily become overwhelmed with the varying complexities of your case. A skilled lawyer in Ascension Parish, Louisiana can not only help you navigate the different steps of property division but also help protect your rights to your property and fight for the settlement you deserve.

Q: How Long Does It Take to Divide Community Property in Louisiana?

A: It doesn’t take an exceptionally long time to divide property in Louisiana, especially when compared with other states. The division of community property does not have be done simultaneously in Louisiana; however, once a divorce has been filed, the process to partitioning property can begin. Depending on how cooperative parties are, the process can take anywhere from a few short weeks to over a year.

Q: Can You Sell Community Property in Louisiana?

A: While you can sell community property in Louisiana, it is best practice not to sell the property when you are going through a divorce prior to property being partitioned, without the permission of the other party. If you do sell property, know that you will likely owe the other party reimbursement for half of the sale proceeds and any associated damages. If you have concerns that your spouse will sell property prior to a division of assets, you can speak with your attorney as to requesting a restraining order or an injunction against disposing of community property.

Q: Does Your Reason for Divorce Affect Community Property Settlements in Louisiana?

A: Louisiana differs from many states in that it offers both “no-fault” and “fault-based” divorces. Generally, the cause of your divorce should not have an impact on how your property is divided. However, your family court has the right to decide that certain pieces of property may be more beneficial to one spouse over the other. For example, if one spouse is divorcing the other due to domestic violence, the court may give the victimized spouse the family home for many reasons.

A Dedicated Ascension Parish Community Property Lawyer

At Magnolia Law, we recognize that issues with community property can be stressful. Whether your spouse is hiding assets or you believe that the court is not splitting property fairly, our legal team is prepared to listen to whatever troubles have come your way.

If you or someone you love is dealing with community property problems in Ascension Parish or beyond, do not postpone finding a lawyer that you can depend on. Our accomplished team at Magnolia Law has assisted countless clients through strenuous community property cases and is prepared to do the same for you. Contact Magnolia Law to schedule a consultation and start solving your community property issues today.