Louisiana Community Property Division Guide

Louisiana is one of only nine community property states in the United States, following a legal tradition rooted in its French and Spanish colonial heritage. Under La. C.C. Art. 2336, each spouse owns a present undivided one-half interest in community property—making Louisiana's approach fundamentally different from equitable distribution states. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

What Is Community Property?

Under La. C.C. Art. 2338, community property includes:

• Property acquired during marriage through the effort, skill, or industry of either spouse
• Property purchased with community funds or a mix of community and separate funds
• Donations made jointly to both spouses
• Fruits and income from community property
• Damages awarded for loss or injury to community things

The key principle: each spouse already owns 50% of community property during the marriage—not just at divorce. This differs from equitable distribution states where courts decide what's "fair."

What Remains Separate Property?

Separate property belongs exclusively to one spouse and is not divided. This includes:

• Property owned before the marriage
• Inheritances received by one spouse, even during marriage
• Donations made to one spouse individually
• Property acquired with separate funds
• Damages for personal injuries (except lost wages, which are community)

However, income generated from separate property during the marriage—like rent from a premarital rental property—typically becomes community property unless the spouses have agreed otherwise.

Dividing Community Property: Partition

In Louisiana, dividing community property is called partition. Importantly, partition cannot occur until the matrimonial regime terminates—typically when a judgment of divorce is rendered.

Judicial vs. Extrajudicial Partition

Couples have two options:

• Extrajudicial partition: Spouses agree privately on how to divide assets. This is faster and less expensive but requires agreement on all items.
• Judicial partition: The court divides the community property. This protects against "lesion beyond moiety" (receiving less than half your legal share).

For extrajudicial partitions involving real estate, the agreement must be made by authentic act (before a notary) and recorded in the parish conveyance records.

Protecting Your Interests

During marriage, neither spouse can sell, encumber, or lease their undivided community interest to a third party. This protection ensures both spouses maintain equal rights to community assets until the regime ends.

To protect separate property:

• Keep separate assets in separate accounts
• Document the source of inherited or gifted property
• Avoid commingling separate and community funds
• Consider a matrimonial agreement to modify default community property rules

Estimate Your Louisiana Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Louisiana's community property system is essential for protecting your financial interests. Key takeaways:

• Each spouse owns 50% of community property during marriage
• Separate property (premarital, inherited, gifted) stays with its owner
• Partition occurs after the matrimonial regime terminates
• Choose between judicial or extrajudicial partition

For official forms and court information, visit the Louisiana Supreme Court. Review the Louisiana divorce timeline to understand the process. Given Louisiana's unique civil law system, consulting with an attorney familiar with community property law is strongly recommended.