Louisiana Legal Glossary

In Louisiana, all property acquired by either spouse during the marriage (with limited exceptions). Community property is owned equally (50/50) by both spouses from the moment it is acquired. Louisiana is one of nine community property states in the U.S. See La. C.C. art. 2338.

Property owned by one spouse alone — not subject to equal division in divorce. Includes property owned before marriage, gifts and inheritances received during marriage, and property acquired after the community terminates. See La. C.C. art. 2341.

In a Louisiana joint custody arrangement, the domiciliary parent is the parent with whom the child primarily lives. The domiciliary parent has authority to make routine day-to-day decisions for the child. Major decisions (education, healthcare, religion) require agreement of both parents unless the court specifies otherwise. See La. R.S. 9:335.

The default matrimonial regime in Louisiana under which both spouses own an equal undivided half of all property acquired during the marriage. The community regime can be modified or excluded by a valid matrimonial agreement (prenuptial or postnuptial agreement).

Financial support paid by one spouse to the other during or after divorce proceedings. Louisiana recognizes interim spousal support (pendente lite) and final periodic support. Final support requires a showing that the claiming spouse is free from fault in the dissolution and lacks sufficient means for maintenance. See La. C.C. art. 111–115.

A Louisiana no-fault divorce filed under Civil Code art. 102. The petitioning spouse files a petition, and then must wait for the required separation period (180 days without minor children; 365 days with minor children) before filing a rule to show cause for the final divorce judgment.

A Louisiana divorce immediately available based on fault grounds (adultery, felony conviction, domestic abuse) or after the applicable separation period has elapsed. No waiting period is required for fault-based grounds under Civil Code art. 103.

Temporary court orders entered while a divorce or custody case is pending, governing custody, support, use of the marital home, and other matters. Also called pendente lite relief. Obtained through a rule for interim relief filed with the court.

The legal process by which community property is divided between spouses upon termination of the marriage. Can be accomplished by voluntary agreement (consent partition) or by judicial partition after a hearing. Each spouse is entitled to an equal net value of the community.

A business entity that provides its owners (called members) with personal liability protection — meaning members generally are not personally responsible for the LLC's debts and obligations. Louisiana LLCs are governed by the Louisiana Limited Liability Company Law, La. R.S. 12:1301 et seq.

A private legal document governing the internal affairs of a Louisiana LLC — member rights, profit distributions, management structure, voting, buy-sell provisions, and dissolution procedures. While not required by Louisiana law, an Operating Agreement is essential for multi-member LLCs to prevent disputes.

A legal obligation requiring a person in a position of trust (such as a corporate officer, director, or LLC manager) to act in the best interests of another party (the business and its owners). In Louisiana, fiduciary duties include the duty of loyalty (avoid conflicts of interest) and the duty of care (make informed decisions).

The legal separation between a business entity (LLC or corporation) and its owners that protects owners from personal liability for business debts. Courts may 'pierce the corporate veil' and hold owners personally liable if they fail to maintain separation between personal and business affairs, undercapitalize the business, or use the entity for fraudulent purposes.

A startup financing instrument under which an investor provides capital now in exchange for the right to receive equity at a future priced financing round. Unlike a convertible note, a SAFE is not debt — it does not accrue interest or have a maturity date. Popularized by Y Combinator. SAFEs typically include a valuation cap and/or discount rate.

In Louisiana, a servitude is a charge placed on a piece of property (the servient estate) for the benefit of another property (the dominant estate) or a person. Louisiana uses 'servitude' instead of 'easement' in most civil law contexts. Predial servitudes (like a right of passage) are attached to the land, not the owner. See La. C.C. art. 646.

A Louisiana property right that gives one piece of land (the dominant estate) a charge or benefit over an adjacent or nearby piece of land (the servient estate). Predial servitudes run with the land and bind all future owners. Examples include rights of passage, drain servitudes, and view servitudes. See La. C.C. art. 646.

A legal proceeding to divide co-owned property among co-owners. In Louisiana, co-owners cannot be compelled to remain in co-ownership. A co-owner may file a partition action, and the court may order the property divided in kind (physically) or sold with proceeds distributed proportionally. See La. C.C. art. 807.

A Louisiana legal action to protect possession of immovable property (real estate). A person who has possessed property for over a year may file a possessory action to be recognized as the possessor and have their possession protected — separate from a petitory action which determines actual ownership. See La. C.C.P. art. 3655.

A Louisiana property right giving one person (the usufructuary) the right to use and enjoy property belonging to another (the naked owner). Commonly used in Louisiana estate planning — a surviving spouse often receives a usufruct over the deceased spouse's share of community property. The usufruct terminates when the usufructuary dies or at the end of a fixed term. See La. C.C. art. 539.