Louisiana Divorce Property Division

What the Law Says

Louisiana is one of 9 community property states — property acquired during the marriage belongs to both spouses. On divorce, the community estate is divided equally unless a specific exception applies. Property owned before the marriage, gifts, and inheritances generally stay with the original owner.

Louisiana is a community property state. Property acquired during the marriage through the effort, skill, or industry of either spouse is community property (La. Civ. Code art. 2338), and each spouse owns a present undivided one-half interest in it (art. 2336). On judicial partition the court follows La. R.S. 9:2801: the spouses file sworn detailed descriptive lists of community assets and liabilities (subject to traverse), and the court values the assets as of the trial on the merits, determines the liabilities, and divides the community so that each spouse receives property of an equal net value, using an equalizing money payment to correct any unequal net allocation.

Division Factors (La. Civ. Code art. 2338)

What Louisiana courts weigh:

1. Each spouse owns a present undivided one-half interest in the community property (La. Civ. Code art. 2336)
2. Community property comprises property acquired during the legal regime through the effort, skill, or industry of either spouse; property acquired with community things (or with community and separate things unless classified separate under art. 2341); property donated to the spouses jointly; natural and civil fruits of community property; damages for loss or injury to community things; and all other property not classified by law as separate (La. Civ. Code art. 2338)
3. During the regime the spouses may voluntarily partition the community in whole or in part without court approval; things each spouse then acquires are separate property (La. Civ. Code art. 2336)
4. On judicial partition the court values assets as of the time of trial on the merits, determines the liabilities, and adjudicates the claims of the parties (La. R.S. 9:2801(A)(4)(a))
5. The court divides the community assets and liabilities so that each spouse receives property of an equal net value (La. R.S. 9:2801(A)(4)(b))
6. In allocating particular assets and liabilities — equally, unequally, or entirely to one spouse — the court considers the nature and source of the asset or liability, the economic condition of each spouse, and any other relevant circumstances (La. R.S. 9:2801(A)(4)(c))
7. An unequal net allocation is corrected by an equalizing sum of money, cash or deferred, secured or unsecured (La. R.S. 9:2801(A)(4)(d))

Common Questions