Property Partition
When a marriage ends, the community property must be divided. The Rhodes Law Firm helps Louisiana clients navigate the partition of community assets and debts — fairly, strategically, and thoroughly.
In Louisiana, once a divorce is finalized (or a legal separation obtained), former spouses are co-owners of the community property that existed during the marriage. The partition of that community property is the legal process by which those assets and liabilities are divided and each spouse receives their share. It can be done by agreement — or, when the parties cannot agree, through litigation before the court.
What Is Community Property?
Under Louisiana's community property regime, assets and debts acquired during the marriage are presumed to be community property, owned equally by both spouses. This can include:
- The family home and other real estate
- Bank accounts, retirement accounts, and investment portfolios
- Vehicles, personal property, and household goods
- Business interests and professional practices
- Debts and obligations incurred during the marriage
Separate property — assets owned before the marriage, or received by gift or inheritance during the marriage — is not subject to partition and remains the property of the individual spouse.
Reimbursement Claims
The partition process is not always a simple 50/50 split. Louisiana law recognizes reimbursement claims — situations where one spouse is entitled to credit for contributions made to the community or the other spouse's separate property. For example, if separate funds were used to improve community property, or if one spouse's separate property was used to pay community debts, a reimbursement claim may be warranted. We carefully analyze the financial history of the marriage to identify and assert all valid claims on your behalf.
Partition by Licitation
When the parties cannot agree on how to divide a particular asset — such as the family home — and neither party can buy the other out, the court may order a partition by licitation, which is a judicially supervised sale of the property with the proceeds divided equally. We work to find practical solutions that avoid this outcome whenever possible, but we are fully prepared to litigate partition matters when necessary.
Authoritative Resources
- Louisiana Civil Code Arts. 2336–2341 – Community Property Regime (Louisiana Legislature) ↗
- Louisiana Civil Code Art. 2369 et seq. – Termination & Partition of Community (Louisiana Legislature) ↗
- Louisiana R.S. 9:2801 – Partition of Community Property Proceeding (Louisiana Legislature) ↗
- LawHelp Louisiana – Property Division in Divorce ↗
Related Family Law Services
Protect Your Share of the Community
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