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Started By
Message
divorce in LA and community property
Posted on 6/6/14 at 9:05 am
Posted on 6/6/14 at 9:05 am
in Louisiana, if you get married, does your spouse immediately own half of all of your assets? or does he/she only own half of what you make (or pay into a mortgage or 401K, for example) after the date of marriage?
i'm being told that #1 is true, but i got divorced several years ago and IIRC #2 was true (in my case at least).
i'm being told that #1 is true, but i got divorced several years ago and IIRC #2 was true (in my case at least).
12
Posted on 6/6/14 at 9:10 am to gorillacoco
quote:
but i got divorced several years ago
thinking about giving it another go?
Posted on 6/6/14 at 9:10 am to gorillacoco
#2 with reagrds to 401(k). NQ assets if not kept seperate and are comingled can be trickier.
Also, try this on the money board if you want real answers.
Also, try this on the money board if you want real answers.
This post was edited on 6/6/14 at 9:12 am
Posted on 6/6/14 at 9:11 am to gorillacoco
As of the time of my divorce, it was only what you obtained after marriage, BUT you had to be able to show definite separation.
I.e., if you continue to put your combined income into your bank account you had prior to marriage, it all gets divided up. For most "property" you should be able to show the time of ownership.
I.e., if you continue to put your combined income into your bank account you had prior to marriage, it all gets divided up. For most "property" you should be able to show the time of ownership.
Posted on 6/6/14 at 9:11 am to gorillacoco
quote:
Louisiana, if you get married, does your spouse immediately own half of all of your assets?
From what I have witnessed, this is true. With the divorce you can always argue though. There is a statute that I've seen where if she doesn't work and cheats you can argue for her to get nothing because she contributed nothing.
Posted on 6/6/14 at 9:12 am to gorillacoco
Talk to an attorney
Posted on 6/6/14 at 9:15 am to gorillacoco
Community property is only what was attained during the marriage. All property owned seperately prior to the marriage remains seperate, but you must be able to prove it was owned before
Posted on 6/6/14 at 9:15 am to pointdog33
quote:
Louisiana, if you get married, does your spouse immediately own half of all of your assets?
No. What you have prior to marriage is presumed to be your separate property, what you acquire after marriage is presumed to be community property.
Posted on 6/6/14 at 9:17 am to Lakeboy7
quote:
What you have prior to marriage is presumed to be your separate property,
Only if you can prove it's separate and has never been co-mingled. Once co-mingled it's community.
Posted on 6/6/14 at 9:17 am to gorillacoco
They do not "Immediately" own half of your acquired assets. Community property is not a "half-owned" division of property. For example: After you get married, if you buy a can of beans....she owns every bean in the can....but you also own every bean in the can. You only divide the beans if there is a reason to partition the community property. Let me give another scarier example. She owns your paycheck. ALl the money you make is her money. Thus if she has an old debt from years ago and someone has a judgment against her, technically they could garnish YOUR check because YOUR check is community property.
Your question about mortgages is different. Let;s assume you own a house with a mortgage and after marriage ya'll move into it. While the house may be your separate property, the mortgage note was paid for with community funds. This means if you got divorced, she would be entitled to one-half of the amount of community property used to pay down the PRINCIPAL ( not the interest) as well as any other community money used to enhance the value of your separate property.
Do not be averse to discussing a prenup...because you already have one, however you had no input in it. The legislature wrote one for you and they have decided all these neat little things that happen in the event you divorce. Maybe ya'll should discuss this. And if you do decide this may be in your best interest, please make an appointment with a qualified lawyer in your area and do not rely upon anything you read on TD....and honestly that goes for what I just wrote.
Your question about mortgages is different. Let;s assume you own a house with a mortgage and after marriage ya'll move into it. While the house may be your separate property, the mortgage note was paid for with community funds. This means if you got divorced, she would be entitled to one-half of the amount of community property used to pay down the PRINCIPAL ( not the interest) as well as any other community money used to enhance the value of your separate property.
Do not be averse to discussing a prenup...because you already have one, however you had no input in it. The legislature wrote one for you and they have decided all these neat little things that happen in the event you divorce. Maybe ya'll should discuss this. And if you do decide this may be in your best interest, please make an appointment with a qualified lawyer in your area and do not rely upon anything you read on TD....and honestly that goes for what I just wrote.
Posted on 6/6/14 at 9:18 am to gorillacoco
OT, But what size tits did you buy her prior to the divorce?
Posted on 6/6/14 at 9:19 am to gorillacoco
That question is way too broad to get a real answer from a bunch of dipshits on the internet.
Posted on 6/6/14 at 9:21 am to Barrister
quote:
Barrister
Weren't you the one bitching about people giving legal advice on the internet?
Posted on 6/6/14 at 9:21 am to gorillacoco
Another bit of advice is to draft a will as soon as you can. It'll make life for your descendants much easier.
Posted on 6/6/14 at 9:23 am to gorillacoco
B
Posted on 6/6/14 at 9:23 am to NYCAuburn
quote:
But what size tits did you buy her prior to the divorce?
The absolute, undisputed #1 cause for divorce, new tits.
Posted on 6/6/14 at 9:26 am to gorillacoco
#2 generally. But I believe there may be some things one could do to make something that was separate become part of the community property regime, i.e., commingling.
One exception to post-marriage CP is donations, which remain separate property.
One exception to post-marriage CP is donations, which remain separate property.
This post was edited on 6/6/14 at 9:31 am
Posted on 6/6/14 at 9:36 am to boosiebadazz
quote:
quote:
Barrister
Weren't you the one bitching about people giving legal advice on the internet?
Yeah, but I think my concern was more of people GIVING legal advice as opposed to people asking for it. Of course, I may be arse backwards because without one there may not be the other. Who knows.
What I told the OP is such general information I dunno that it even qualifies as legal advice. A book in the library could answer this. The advise I gave the guy is to talk to a lawyer and to pay attention to nothing he reads TD....including my post. Doesn't seem inconsistent with my concern about people giving legal advice.
Of course, there is always the chance you kind hearted souls have worn me down and I am much more flowery now in my opinion. Crack open a RedBull, kick back, and take your choice of which one makes you feel better.
Posted on 6/6/14 at 9:40 am to Barrister
OT legal advice is a huge concern for Platsmeier. I'm always worried some plant operator will waltz into court saying his lawyer is biglego from tigerdroppings
Posted on 6/6/14 at 9:44 am to biglego
quote:
Platsmeier
Actually a pretty cool guy, that's a shite job he has.
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