Community Property & Property Division Attorney — New Orleans & Metairie
Louisiana's community property rules are among the most complex in the nation. Whether you're facing a straightforward 50/50 division or a high-stakes dispute over business interests, real estate, and retirement accounts, The Rhodes Law Firm provides experienced, strategic representation to clients throughout Orleans Parish, Jefferson Parish, and St. Charles Parish.
Dividing marital assets is one of the most consequential — and most contentious — aspects of any Louisiana divorce. Getting it wrong can cost you hundreds of thousands of dollars, your business, your retirement, or your family home. Jonathan M. Rhodes brings extensive litigation experience and financial sophistication to property division disputes, serving clients throughout New Orleans, Metairie, Kenner, Destrehan, Hahnville, and across Southeast Louisiana.
Louisiana Community Property: The Basics
Louisiana is one of only nine community property states in the country, governed by Civil Code articles 2327–2369. Under this system, the marital community is a legal entity that owns assets and owes debts acquired during the marriage. Upon divorce, each spouse is entitled to an equal (50/50) share of the net community.
Community property includes wages and salaries earned during the marriage, all property purchased with marital funds, and the community portion of retirement accounts and investment accounts. Understanding exactly what belongs to the community — and what belongs to each spouse separately — is the foundation of every property division case.
Separate Property: What's Yours Alone
Separate property is not subject to division and remains with the owning spouse. In Louisiana, separate property includes:
- Property owned before the marriage
- Property received by gift, devise, or inheritance — even during the marriage
- Property acquired with separate funds, traceable to premarital assets or inheritance
- Damages received for personal injury (though loss of earnings during the marriage may be community)
- Property designated as separate in a valid matrimonial agreement (prenuptial agreement)
Separate property can become commingled with community property over time, creating difficult tracing issues. We work with forensic accountants and financial experts to clearly document the separate character of our clients' assets.
Business Interests & Closely-Held Companies
When one or both spouses own a business — a professional practice, LLC, partnership, or closely-held corporation — dividing that interest is among the most complex challenges in family law. The questions that arise include:
- Was the business founded before or during the marriage?
- What is the business worth? (enterprise value vs. personal goodwill)
- How much of the business's growth during the marriage is community property?
- Are there reimbursement claims for community labor or funds invested in a separate property business?
- How can the business continue operating while the community interest is compensated?
We work with certified business valuators to establish accurate valuations and develop division strategies that protect our business-owner clients' ability to continue operating their companies. Results depend on the specific facts and circumstances of each case.
Retirement Accounts & Deferred Compensation
Retirement benefits accrued during the marriage — 401(k)s, pensions, IRAs, 403(b)s, government pensions including Louisiana state employee plans — are community property and subject to division. Dividing them correctly requires:
- Accurately calculating the community portion (pre-marital contributions are separate)
- Drafting a Qualified Domestic Relations Order (QDRO) for employer-sponsored plans
- Understanding plan-specific rules for government and military pensions
- Avoiding early withdrawal penalties and unintended tax consequences
Real Estate Division
Community real estate — including the marital home, rental properties, and vacant land — must be addressed in every Louisiana divorce. Options include:
- Sale of the property with equal division of net proceeds
- One spouse buying out the other's community interest (typically requiring refinancing)
- Deferred sale arrangements (common when children remain in the marital home)
- Offset arrangements where real estate value is traded against other community assets
We also address reimbursement claims — for example, where one spouse used separate property funds to improve community property, or where community funds were spent on a separate property asset. These claims can significantly affect the ultimate division.
The Partition Proceeding in Louisiana
When spouses cannot agree on the division of community property, either party may file a petition to partition community property under Louisiana R.S. 9:2801. This proceeding takes place before the same court that handles the divorce and may involve extensive discovery, asset valuations, forensic accounting, and court hearings. We have extensive experience navigating these proceedings in Orleans Parish Civil District Court, the 24th Judicial District Court (Jefferson Parish), and the 29th Judicial District Court (St. Charles Parish).
Mid-Case Consultation: Speak With an Experienced Property Division Attorney
Your financial future depends on how property is divided. Don't navigate this alone.
Schedule a ConsultationAreas We Serve
The Rhodes Law Firm represents property division clients throughout Southeast Louisiana, with a focus on:
Frequently Asked Questions
Authoritative Resources
Related Family Law Services
Protect Your Rights and Your Financial Future
Schedule a free consultation to discuss your property division matter in New Orleans, Metairie, or across Southeast Louisiana.