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Do you have to divide community property equally?

| May 7, 2019 | Property Division |

Property division is an important part of the divorce process. You want to be fair with each other, and although Louisiana is a community property state, you’ll still have many opportunities to split your assets fairly.

With most states, the process of property division, known as community property partitions in Louisiana, is equitable. That means that there is no assumption that each party is entitled to 50% of the property in the marital estate. However, Louisiana is different. Since Louisiana is a community property state, there is a presumption that you will divide your assets equally.

Do you have to divide your assets equally?

If you and your spouse can decide on alternate terms, then you may not need to divide your estate equally. For example, if you have two homes and two vehicles, each of you may agree to take one, even though one car or one home is worth more. Perhaps one home has better memories for you versus the other; whatever the reason is, as long as you can agree, the court will likely approve your decision as well.

Louisiana does have considerable exceptions to the marital property laws it has written as law, so it’s always a good idea to talk to your attorney about your assets and what you’d like to see happen when you partition them. As with most cases in community property states, the judge just wants to know that both people are well-informed when they decide how to divide their property. As long as it is fair to you, most judges will agree.