Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

Is Louisiana a community property state?

Yes. Louisiana is one of nine community property states in the United States. Under Louisiana Civil Code art. 2338, all property acquired during the marriage (with limited exceptions) is community property owned equally by both spouses, regardless of which spouse earned the money or holds title.

What is community property in Louisiana?

Community property in Louisiana includes: wages earned by either spouse during the marriage; property purchased with community funds; and the fruits and revenues of separate property during the marriage. It is owned 50/50 by both spouses from the moment it is acquired.

What is separate property in Louisiana?

Separate property includes property owned before marriage, gifts or inheritances received by one spouse during the marriage (even if received during the marriage), and property acquired after a legal separation. A spouse can also convert community property to separate property through a valid matrimonial agreement.

How is community property divided in Louisiana divorce?

Louisiana law requires an equal (50/50) division of community property upon termination of the community regime — whether by divorce, legal separation, or death. Each spouse is entitled to an equal net value of the community, though specific assets need not be split down the middle — one spouse may receive certain assets while the other receives assets of equivalent value.

Can a business be community property in Louisiana?

Yes. If a business was started during the marriage using community funds or community labor, it is community property — or at least the community has a claim for the value added during the marriage. Even a business started before marriage may have community components if marital funds or one spouse's labor enhanced its value during the marriage.

Are retirement accounts community property in Louisiana?

The portion of a retirement account earned during the marriage is community property. The portion earned before the marriage or after the termination of the community regime is separate property. Dividing retirement accounts typically requires a Qualified Domestic Relations Order (QDRO).

What happens if a spouse hides assets in Louisiana divorce?

If a spouse conceals or fraudulently disposes of community property, the defrauded spouse is entitled to the full value of the hidden or misappropriated asset under La. C.C. art. 2354, rather than just half. Forensic accounting, subpoenas, and discovery tools are used to uncover hidden assets.

Can spouses change community property rules in Louisiana?

Yes. Spouses can enter into a matrimonial agreement (prenuptial or postnuptial) that modifies or eliminates the community property regime. Such agreements must meet specific formal requirements to be valid and enforceable under Louisiana law.

What is a separate property claim in Louisiana?

A spouse who used separate property funds to acquire or improve community property — or community property to improve separate property — may have a reimbursement claim against the community or the other spouse for the value of that contribution at partition.

How is a house divided in a Louisiana divorce?

The marital home is community property if acquired during the marriage with community funds. Options include: one spouse buying out the other's share; selling the home and splitting proceeds; or one spouse receiving the home as part of an overall property settlement in which the other receives assets of equivalent value.

Family Law Guide

Community Property in Louisiana: What You Need to Know

Updated 2026 · Serving New Orleans, Metairie & St. Charles Parish

Louisiana is a community property state. Under Louisiana Civil Code art. 2338, all property acquired by either spouse during the marriage — including wages, real estate, and business interests — is community property owned equally (50/50) by both spouses. Property owned before marriage, and gifts or inheritances received during marriage, are generally separate property. In divorce, the community property regime terminates and each spouse is entitled to an equal net share of community assets.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Family Law — Property Division · Last Updated: September 21, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Community Property vs. Separate Property: Quick Reference

Community Property (Owned 50/50)

Wages and salaries earned during marriage
Property bought with community funds
Business income earned during marriage
Retirement account contributions during marriage
Debts incurred during marriage for community purposes
Fruits and revenues from any property during marriage

Separate Property (Belongs to One Spouse)

Property owned before marriage
Gifts received by one spouse (even during marriage)
Inheritances received by one spouse
Property acquired after community terminates
Property acquired with separate funds (with documentation)
Damages for personal injury to one spouse

Protecting Your Share of Marital Assets

Complex property cases — including businesses, real estate portfolios, and retirement accounts — require an experienced Louisiana property division attorney. Free consultation.

Schedule a Consultation (504) 475-0975

The Partition of Community Property Process

When a Louisiana marriage ends, the community property must be partitioned. The partition can occur by voluntary agreement (the spouses reach a settlement) or by judicial partition (a court divides the property after a hearing). Louisiana Civil Code art. 2341 et seq. governs the partition. Each spouse is entitled to an equal net value, but specific assets need not be split. One spouse might receive the house while the other receives retirement accounts and investment portfolios of equivalent value.

Debts incurred during marriage are also community obligations, allocated between the spouses at partition. However, as between the spouses and creditors, both remain liable for community debts until the creditor releases one.

Related Property Division Resources

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Louisiana Family Law Guide

Complete 2026 guide.

Louisiana Legal Resource Center

All resources.

Community Property in Louisiana — FAQ

Protect Your Fair Share

Jonathan M. Rhodes handles complex community property division including businesses, real estate portfolios, and retirement accounts. Free consultation.

Schedule a Free Consultation (504) 475-0975