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Louisiana Marital Property Laws

Gisleson for half of the amount paid during their marriage. Unlike the terse Katner opinion; the Gisleson opinion directly addressed Dr. Deputy first argued that Ms. Gisleson had already been reimbursed by virtue of the increased income that his education brought to the marriage; [32] the revenue allowed her to stay at home with her children and to pursue her own college education.

Who owns marital property and to whom can they leave it?

Given the state of the law, Louisiana legislation seemingly punishes premarital education and rewards education kept within the confines of marriage. Deputy, So. Notably, these decisions seem to be the first to expressly address the issue of premarital student debt as a separate obligation.

This principle has been settled for some time. See e. Munson, So. Code art. Katner, 28 So.

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The timing of the loan and Dr. Curiously, this reimbursement provision was not discussed by the court. Gill, So. Your email address will not be published.

Common-Law Property

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Louisiana Law Review. Skip to content. You and your spouse can receive a joint gift from a family member or a third party.

For example, you may be required to prove that a payment from your grandmother was meant to be a separate gift to you and not a joint gift to you and your spouse. Separate property can become marital property depending on how you hold its title and use the property during your marriage. Commingling or mixing your separate assets, such as bank account balances, with marital assets can convert the separate property into joint. When it becomes too difficult for a court to determine what portion is separate and what is community, and you don't have the evidence to tie it all out, a judge may be inclined to call it all joint.

The party claiming separate property usually has the burden of proof.

For this reason, it's best to keep your separate property in a separate account, where it'll be easy to trace the date it was received and where—or who—it came from. Your actions during a marriage can also transmute or change property from separate to marital.

Louisiana Community Property

Skip to Main Content. By Kristina Otterstrom , Attorney. Dividing property in a divorce can be challenging. Understanding how courts divide property in your state will help you keep your own property separate. Basic Property Laws Most couples own property together by the time they divorce. Community Property Laws How your assets are divided in a divorce will depend largely on your state's laws. Separate property includes: any property owned by either spouse before the marriage, and gifts or inheritances received by either spouse before or during the marriage Your spouse may try to claim an inheritance or gift was made to both of you.

Equitable Distribution Property Laws The majority of states follow an equitable distribution approach , where property is divided fairly, but not necessarily equally. The individual circumstances of your case will impact property division in your divorce.

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Yours, Mine, or Ours: Rules for Gifts and Inheritances Even among equitable division states, property laws can differ.