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Community State: Separate Property

| Jul 2, 2021 | Divorce |

As each state provides a unique set of challenges for property owners, many couples have an extra struggle when it comes to divorce or physical separation. Residents of Abbeville, Louisiana are usually well aware of the specific guidelines enforced by family law courts within the state.

Take time for research

One of the best defenses couples can take to safeguard their property is to have an open dialogue with their partner before marriage. Of course there is no guarantee regarding what the future will hold, but there are processes available that can reduce unnecessary stress.

Counseling centers, family law consultations and other mediation programs exist to support individuals and couples who are coping with the emotional components of a separation. Of course, there are many other considerations aside from the mental and emotional toll.

Understanding community property

Louisiana and several other states are very specific about outlining community property. Since these laws and guidelines are under state jurisdiction, each county could potentially have a different interpretation of the law. Generally speaking, there are a few circumstances when an object or property will be considered community property:

  • Joint ownership of an automobile
  • Property purchased after the date of marriage
  • Financial accounts that list both parties as owners

To keep property separate in a community property state, both parties must be on board and in alignment. Any property purchased after nuptials or brought into the marriage is considered community property. If the couple is in alignment to have these specific pieces considered individual property, they must consult with a family law professional.

One way to keep property separate is to file a prenuptial agreement. After the marriage, no further items can be added to this agreement. However, subsequent contracts can be filed that will help couples identify personal property in the unfortunate event of a separation or divorce.