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Category Archives: Family Law
In New Orleans, divorce attorneys often are generally aware of the specific laws which govern how property will be distributed between spouses if they become divorced. While there are many specific exceptions to the general rules, there are some conclusions which we can still draw from a given scenario involving property shared between spouses in a hypothetical divorce. Let’s turn to example to see how some of these rules may work.
Family law in New Orleans is an area which can be both acrimonious and very contentious. In fact, some attorneys may prefer almost any other type of law to practice. One major reason abundantly clear to anyone who has experience in this are: these practitioners have to deal with unhappy clients all the time.
When a marriage comes apart, and the husband and wife no longer can co-exist with one another, an easy and obvious solution is divorce. Because marriage confers many real and significant rights to each spouse, it follows that a divorce needs to address these rights. It is very important to consider that each state in the United States of America has different rules and laws relative to these changes. This article will deal only with laws Louisiana.
In the State of Louisiana we have laws that govern property shared between spouses while they are married to one another. The property rights are generally community property rights. Community property rights confer very real ownerships interests to the spouse just by virtue of the fact that they are married to each other while they acquire this property. Consult with a divorce lawyer, however, as there are numerous ways that such property may not be classified as community and a huge number of exceptions that apply to community property.
One quasi-legal word which a New Orleans divorce lawyer is occasionally asked about is a “prenup.” It is an abbreviated form of the phrase “prenuptial agreement.” Generally when people are talking about prenups what they are referring to is the idea that couples who are about to enter into a marriage may contract with each other regarding the rights each has (normally property rights) during the marriage.
New Orleans divorce lawyers encounter many aspects of Louisiana’s community property laws. This article presents one such example.
For a divorce lawyer, New Orleans, Louisiana cases may present sophisticated community property questions. A divorce lawyer may generally say that property earned by the spouses during the marriage to one another is “community property.” This means that the spouses share in ownership that property equally. This equal ownership is important for a number of reasons. For one thing, it means that community property would be divided evenly if the spouses ever ended their marriage. For another thing, it oftentimes means that both spouses need to concur in the decision to do something with community property, such as selling it.
One thing that is important to consider when you are in a “community property” state (at least in Louisiana) is that not only assets earned during the marriage shared are, but so are obligations incurred during the marriage as well. Like much of Louisiana law, this is obviously subject to some exceptions. Let’s look at the below example. For more questions beyond just this example ask a divorce attorney. New Orleans, Louisiana has numerous options to choose from.
One thing many spouses who are about to end their marriage ask their divorce lawyer: what happens to our property? Obviously a married couple can accumulate quite a good deal of stuff over the course of the marriage. Typically, states provide specific laws that deal with how the property should be distributed in the event that the couple cannot agree. Here in Louisiana, we use what is called a “community property regime” framework. This is a tradition that arguably has its base in old Spanish law; and it is also used by present day states that were once under the dominion of Spain like Texas, Arizona, New Mexico, and California.