
Dividing property is one of the biggest aspects of most divorces. Whether you’re dealing with a simple and straightforward separation or a complex high-asset divorce, it’s imperative that you have a basic understanding of Louisiana property division laws and understand your legal options when it comes to securing community property that is rightfully yours. A Youngsville property division lawyer can help you navigate the process.
Our team at The Law Office of Joshua S. Guillory brings years of experience handling complex family law matters, including property division cases. We’re prepared to use our knowledge, skills, resources, and experience to help you achieve your desired outcome.
Louisiana has a fairly low divorce rate, coming in at 0.9 per 1,000 people. Even so, approximately 78 percent of homeowners in the region are married couples. This means the state’s divorce laws and property division laws could have a significant impact on a great deal of homeowners in Youngsville.
When a couple separates, they have to figure out what to do with the property they own together. The median property value in Lafayette Parish is $234,200. In addition to your home, you can expect any community property that you acquired during the marriage to be eligible for separation. Common types of community property in a divorce include:
Separate property that one spouse owns outside the marriage is not eligible to be divided in a divorce. This includes any property acquired before or after the marriage, as well as gifts and inheritances. It’s important to know what steps to take to secure your rights to the property that is rightfully yours.
Assets aren’t the only things split in a divorce. You also have to separate the debts. Debts incurred in a marriage that is often included in community property can include:
It’s helpful to work with a Youngsville property division attorney to determine the right way to handle assets and debts in a divorce. Louisiana property division laws attempt to allocate property as evenly as possible between two spouses, but it is not always possible. Every case is unique, so having an experienced legal professional on your side can help things run smoothly.
You may also be able to override Louisiana’s community property laws by creating a prenuptial or postnuptial agreement. These contracts are created before or after a marriage and outline specific terms for what is to happen to certain assets in the case of a divorce. Prenups and postnups are commonly seen in high-asset divorces, but it’s possible for anyone to have one.
The Law Office of Joshua S. Guillory brings years of dedicated family law experience to the table, and we’re ready to leverage it for your property division case. Our skilled legal team is dedicated to upholding constitutional freedoms, the institution of family, and the rights of individuals based on their unique situations.
We provide relentless advocacy and 100% commitment to every client. As a local Lafayette family law firm, we understand how to navigate these cases through the Family Court Division of the 15th Judicial District Court. No matter the complexity of your case, you can count on us to be by your side until we reach a resolution.
A Youngsville property division lawyer can be highly beneficial to have on your side throughout a property division case in Louisiana for many reasons. For starters, your attorney has experience navigating the process and can use that knowledge to make your case as simple and stress-free as possible.
Your lawyer can also help you protect your claim to property in your marriage, negotiate terms on your behalf, and represent your interests in court if it comes down to it.
How much it costs to hire a property division lawyer in Youngsville varies from one case to the next. A divorce attorney may charge a fixed fee, an hourly rate, or a retainer, depending on the level of service you require. Be sure to ask about fees, fee structure, and payment during your initial consultation appointment so that you are clear about the expectations.
Yes, Louisiana follows a 50-50 community property law. This means that any property acquired during the marriage by either spouse is eligible to be separated in a divorce. Moreover, Louisiana property division laws aim to split all shared marital assets as evenly as possible.
You can create a prenuptial or postnuptial agreement to override this law if you already know what you want to happen to certain assets in the event of a separation.
Commingled property refers to one spouse’s separate property that becomes so closely intertwined with a marital asset that it is no longer fully separate. Commingled property can be separated in the divorce. Common examples of commingled property include depositing money from a separate bank account into a joint account with your spouse to pay for marital property or using marital funds to pay for a home that one spouse owned before the marriage.
Navigating a divorce can be complicated for many reasons. It’s difficult to predict what’s in store when you file for a divorce, but it’s likely you’re going to be dealing with separating at least some portion of your assets. Louisiana property division laws can be complicated, and mistakes can be costly.
Our team at The Law Office of Joshua S. Guillory has been handling complex family cases throughout Youngsville for years. Connect with our team to set up an initial appointment with a family attorney you can trust today.