Baton Rouge Property Division Attorney
Divorce is a complex legal process made more difficult by heightened emotions. An essential part of this process is the division of property, which can introduce additional emotional and financial stressors, even if your divorce is amicable. Navigating the division of debts and assets between spouses in or out of court can be much easier with a Baton Rouge property division lawyer. Hiring a lawyer can help clarify the legal processes and protect your financial future.
Longman Jakuback: Helping You Navigate Property Division
The team at Longman Jakuback understands the importance of family law matters such as divorce and property division. The outcome of these cases can determine the assets you have control over and your financial stability after a divorce. We can listen to your case, taking the time to understand your financial circumstances and familial needs. We provide caring and effective legal representation, whether you are negotiating property division or litigating.
We pride ourselves on clear communication so that you understand how your decisions will impact your case. Whether you and your spouse are working together in divorce proceedings or not, we can support your rights and help you secure the fair portion of marital assets you deserve. We can use our experience valuating, categorizing, and inventorying assets and debts to help you determine the ideal division and protect what is important to you.
How Property Is Divided in Baton Rouge Divorces
Louisiana is a community property state. This means that when the court is responsible for dividing your assets and debts, they divide them equally. Not every asset will be split equally, but the court will aim to make the overall division as fair and equal as possible.
All assets must be inventoried and fairly valued to achieve a fair division. The court may consider certain factors in a marriage when dividing property, such as each spouse’s needs and contributions to marital assets.
Not all assets and debts are divided. The court will only split the property that is considered marital property, also called community property. Separate property is not divided in a divorce, and spouses retain those separate assets and debts.
You can also divide your property without going to court. Through divorce mediation or other methods, you and your spouse can negotiate the division of property and other aspects of your divorce, like spousal support and child custody.
By negotiating these matters outside of court, you can have an easier divorce process and more control over what happens in your divorce decree. As long as the separation agreement is fair and in the interest of the children, the court will likely approve it.
Separate vs. Marital Property
Generally, marital property includes assets and debts gained while a couple is married, and separate property includes assets and debts each spouse obtained themselves before their marriage. There are, however, certain exceptions and complications when it comes to separate property. Separate property can include:
- Property gifted to or inherited by one spouse
- Damages awarded to a spouse for certain actions by the other spouse, including breach of contract actions and mismanagement of community property
- Damages awarded to a spouse related to their separate property
- Property gained by a spouse during voluntary asset division in the marriage
- Property assigned as a spouse’s separate property in a marital agreement
Separate property can also become marital property if it is purposely transmuted or commingled with other marital assets.
FAQs
A: Separate property law in Louisiana determines which assets and debts are the sole property of one spouse and, therefore, not divided during divorce. This typically includes assets and debts that a spouse gained before they were married. It also includes:
- Property obtained by a spouse using separate assets or community assets if the community assets are inconsequential
- Inheritance or donations given to only one spouse
- Damages either spouse secured in a legal action
- Property deemed separate in a marital agreement
A: You can settle the division of property in your Louisiana divorce by negotiating with your spouse in mediation, collaborative divorce, or other forms of alternative dispute resolution. By reaching an agreement outside of court, you can save yourself time, stress, and money while retaining control over how property is divided.
As long as the court deems the agreement fair, it will approve your agreement. Otherwise, property division is handled by the court. You can also settle the division of property if you have an existing marital agreement.
A: The difference between separate and community property is that separate property belongs to one spouse, while community property belongs to both spouses. During a divorce in Baton Rouge, LA, community property must be divided between parties to ensure each has a fair and equal portion of the assets. Most assets gained before a marriage are separate, and those gained during a marriage are community. There are exceptions to this.
A: Whether you are responsible for your spouse’s debt in Louisiana depends on specific factors. Primarily, it depends on whether your spouse obtained the debt prior to your marriage. If it was obtained prior to the marriage, you are likely not responsible for the debt unless you choose to take on responsibility. You may also not be responsible if the debt was deemed your spouse’s responsibility in a marital agreement.
Advocating for Your Rights and Interests During Property Division in Baton Rouge
The support of a skilled divorce attorney is important, even when you and your spouse want to collaborate on a separation agreement. A Baton Rouge Property Division Lawyer can help you ensure the agreement is fair, improving the chances of the court approving the agreement you and your spouse create. Your attorney can look out for your interests if there are specific properties or assets that you want to maintain and help you navigate divorce discovery to ensure there are no hidden assets.
Contact Longman Jakuback today to get started on the property division process.
