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 is community property unless a person has signed and filed a certain legal document stating that such income is to remain separate property.

There are other important rules as to property in Louisiana. For instance, there is a very strong presumption that property of a married person is community property.

Furthermore, when separate property becomes commingled or mixed with community property, it is usually considered to be transformed into community property.