What Does 'Community Property' Mean?

Louisiana and Texas are "community property" states, which means that during a divorce, all of the property and money a couple acquired during the marriage, as well as debts, are split 50-50. In a perfect world, the spouses create an accounting of all of their assets and debts and then divide them equally.

However, disputes often arise. You obviously can't split a car or a house down the middle. That is why it is important to hire a knowledgeable family law lawyer to help with dividing marital property.

Skilled And Understanding Help With Asset And Debt Division

At H.L. Harper & Associates in New Orleans and Dallas, we take the time to listen to our clients' needs and concerns, and then help them negotiate an equal division of community property. In order to make sure the division is fair, we will help you get accurate valuations of your property, including your home, vehicles, bank accounts and retirement accounts, if applicable. Personal gifts received by one spouse or inheritance left to once spouse are not considered community property.

Many people don't realize that even if one spouse's name is on the mortgage, if the home was purchased during the marriage, it is considered community property. The same goes for retirement investments. This is difficult to accept for many people and can cause a great deal of tension and anxiety.

Our team is here to offer advice and a shoulder to lean on. We want to appease your concerns and help you see the light at the end of the tunnel.

Exceptions To The 50-50 Rule

There are only a few scenarios in which a deviation from the 50-50 rule would be acceptable. If the couple had a valid prenuptial agreement, the court will defer to the agreement when dividing property. Additionally, if the divorce occurred long before the property is partitioned, payments made and debts acquired after the divorce should be considered in the ultimate breakdown.

Contact Us For A Free, No-Obligation Consultation

For a free initial consultation with one of our New Orleans and Dallas community property attorneys, contact H.L. Harper & Associates at 504-541-6976. We offer flexible appointments, including evenings and weekends by request.

Se habla español.