ALL BLOG POSTINGS ARE INFORMATIONAL ONLY – NOT TO BE CONSTRUED AS “LEGAL ADVICE”

What are some of the special incidents and effects of a covenant marriage?

The law provides that the spouses to a covenant marriage owe to each other the same legal obligations as couples in a “standard” marriage, but it also provides, in addition, some special rules. Essentially, these special rules include the following: spouses owe each other love and respect and they commit to a community of living spouses are bound to live together, unless there is a good cause otherwise the spouses determine the family residence by mutual consent, according to their requirements and those of the family the management of the household shall be the right and the duty of both spouses spouses by mutual consent after collaboration should make decisions relating to family life in t

LOUISIANA’S COMMUNITY PROPERTY LAW AND HOW TO CHANGE ITS EFFECTS BY CONTRACT

In Louisiana, marriage affects the property rights of both men and women. The rights of married people to buy, sell, or control their property, to borrow money, and to get credit are all regulated by law. “Property” includes almost everything: house, land, bank accounts, stock, pension plans, wages and other income and things of value. A married couple becomes subject to Louisiana’s community property law automatically upon marrying, unless they have made a special contract providing different rules to govern their property. What is community property? The community property laws provide rules on who may incur debts, how those debts are to be paid, and how debts and assets are to be divided

THE COVENANT MARRIAGE ACT

What is covenant marriage? The law describes a covenant marriage as a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. How does a couple enter into a covenant marriage? In order to enter into a covenant marriage, the couple must take special steps and execute and record special documents on the public record. The law provides that a man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license and executing a declaration of intent to contract a covenant marriage and then, of course, actually getting married accordingly. The application for a marr

Understanding Forced Heirship

One of the many unique aspects of Louisiana law is the concept of forced heirship. It’s also one of the most confusing for our clients. Here, I’ve addressed some of our most frequently asked questions regarding forced heirship. 1) Who is a forced heir? A child who is under twenty-four at the time of your death. A child who is permanently incapable at the time of your death, regardless of age. This means that they are permanently incapable of taking care of their person or administering their estate due to mental incapacity or physical infirmity. The incapacity can be an inherited, incurable disease which will render the child incapable in the future, but this must be supported by medical doc

COMMUNITY AND SEPARATE PROPERTY

Louisiana is a community property state. The word “property” as used here is not limited to real estate but includes all assets. A single, widowed, or divorced person owns separate property. A married person may own separate and community property. Any property that a married person owns before marriage or acquires by gift or inheritance during marriage is separate property. All other property of a married person, such as earnings from labor, interest, and dividends is community property. Items purchased with these earnings are also classified as community property. Even income from separate property like rent collected on a separate house or interest earned from funds in a separate account

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