View Full Version : Is my inhertiance under Louisiana communtiy property law
jazz2010
Aug 28, 2010, 07:36 PM
I received an inheritance from my father for $133k, I put $70K down on our house, and 30k and bought my husband a truck, the rest went to pay off bills, but now I am filing for divorce. Will I get all my inhertiance back plus half of the assets under community property law in Louisiana.
GV70
Aug 29, 2010, 03:24 AM
Probably yes but... you have to prove it as separate assets.
Being a community property state, all separate property like gifts, inheritances, and property owned prior to the marriage will remain with each spouse and then all other property will be split equally. The court will take to consider the needs of each spouse when determining how the property is to be split and each spouse has the right to ask the court to be awarded the marital home. When deciding who should be awarded the marital home, the spouse who will have custody of the children is typically the court favorite. When making this decision regarding the marital home, the court will consider the following factors: the value of the spouse's property, the economic needs and circumstances of each spouse; the needs of the children; and also the court will consider on a case-by-case the contributions each spouse made to the acquisition of the community property s well as future earning potential. (Louisiana Code of Civil Procedure - Article: 121)