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Louisiana Community Property Question
Posted on 10/18/16 at 9:13 pm
Posted on 10/18/16 at 9:13 pm
My wife and I purchased a car in both our names before we were married. Does anyone know, if this asset falls under community property in our divorce because we both own it, or does it remain outside the "community" in our separation of property because it was acquired before marriage?
5
Posted on 10/18/16 at 9:20 pm to Scott Slutzker
Good property/ family law hypo, but I don't think a community of acquets and gains can exist before you enter into the marriage.
In a very cursory overview, I'd look at the car as co-owned separate property. But as always, talk to an actual lawyer in real life.
In a very cursory overview, I'd look at the car as co-owned separate property. But as always, talk to an actual lawyer in real life.
Posted on 10/18/16 at 9:44 pm to boosiebadazz
It is an interesting question. We are half way through our divorce and this asset has been included in our exclusive use agreements of personal vehicles, but I don't think either one of our attorneys have paid much attention to the fact that this asset may not actually be a part of the "community" in our final partition of property. I'm thinking this might be a situation that our attorneys are ignoring on purpose for the sake of making things simpler, but it may or may not be in my best interest to keep this asset out of the partition.
Posted on 10/18/16 at 9:47 pm to Scott Slutzker
You definitely need to address it with your attorney. I'm not going to comment any further since you're represented, but I'd imagine your situation is much more common than it seems.
Posted on 10/18/16 at 9:49 pm to boosiebadazz
Would you happen to be able to direct me where I might be able to research this myself?
Posted on 10/18/16 at 9:53 pm to Scott Slutzker
Start at civil code article 2338 and go from there. Be warned though, they teach a whole class on this stuff, and that's just for the basics. There are exceptions and loopholes and nuances and interpretations galore.
Posted on 10/18/16 at 9:57 pm to boosiebadazz
Thank you. If anyone else has any experience or knowledge they can provide on the original question, it is much appreciated.
Posted on 10/19/16 at 9:10 am to Scott Slutzker
Not an attorney... but from a layman's perspective, does the distinction matter much?
I would think it would not be community property, but jointly owned property. In any event, you can't split a car in half, so one person will have to take the car, and the other an offsetting asset of equal value. And if you are worried about tax issues, property settlements incident to divorce are tax-free.
I would think it would not be community property, but jointly owned property. In any event, you can't split a car in half, so one person will have to take the car, and the other an offsetting asset of equal value. And if you are worried about tax issues, property settlements incident to divorce are tax-free.
Posted on 10/19/16 at 10:55 am to Scott Slutzker
So your vehicles outlasted your marriage?
Sounds like they were well made. Make and models?
Sounds like they were well made. Make and models?
Posted on 10/19/16 at 10:57 am to Scott Slutzker
quote:
Would you happen to be able to direct me where I might be able to research this myself?
I appreciate the fact that your attorney is probably billing you by the hour, but you're going to have to tell them about the issue at some point
Posted on 10/19/16 at 6:23 pm to Joshjrn
That's funny
Posted on 10/19/16 at 8:44 pm to Scott Slutzker
Was the car purchased outright before the marriage?
If the car was financed and payments came from an account after the marriage date, then I am pretty sure it is community property. Any co-mingled funds used to make payments only makes the case strong for community property.
Usually, separate property is declared before the marriage date.
Posted on 10/19/16 at 9:53 pm to Scott Slutzker
Did yall make payments on it while y'all were married?
Posted on 10/20/16 at 9:23 am to bulldog95
Yes, but only from my account in which no funds were comingled.
Posted on 10/20/16 at 10:13 am to Scott Slutzker
I think it's safe to assume that our partitions will be able to include the asset in our separation of community property since we both want it in there.
Follow up question: There will be no final spousal support in this divorce. So when we split our property, we are going our separate ways. My name needs to be removed from this asset. A refinancing or disposal of the asset are the only options available, correct?
Follow up question: There will be no final spousal support in this divorce. So when we split our property, we are going our separate ways. My name needs to be removed from this asset. A refinancing or disposal of the asset are the only options available, correct?
Posted on 10/20/16 at 11:28 am to Scott Slutzker
quote:
Yes, but only from my account in which no funds were comingled
I'm not going to give you legal advice, but this statement is not as cut and dried as you think.
And I'm not trying to be a dick, but you need to bite the bullet and address this with your attorney. You're doing yourself no favors getting advice from strangers on the internet who do not have the entirety of the information by which to give an opinion.
Posted on 10/20/16 at 11:38 am to boosiebadazz
I don't disagree with anything you just said.
And I don't think you're a dick.
And I don't think you're a dick.
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