Boutte Property Division Lawyer

Experienced Property Division Attorney in Boutte, LA

Key Takeaways:

• Louisiana’s community property law.
• The importance of accuracy in financial disclosure.
• Defining separate and community property in divorce.
• How your attorney can help you resolve property division quickly and fairly.

Ending a marriage can be challenging, and property division is often cited as one of the biggest points of contention for divorcing couples throughout Louisiana. If you are preparing to end your marriage, a Boutte property division lawyer can help you understand your rights and responsibilities for resolving this aspect of your divorce. The team at Marino Law Firm, LLC is confident we can help you resolve property division efficiently with a positive result.

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Experienced Legal Counsel for Property Division in Boutte, LA

The father-son team of Mark Marino and Orrin Marino has over 50 combined years of experience handling a wide range of cases for clients in Boutte and throughout the surrounding communities of Louisiana, including property division disputes in divorce. Louisiana follows a community property law for property division in divorce, which requires a strict 50/50 division of the total net value of the marital estate, but this process can be challenging in several ways.

Louisiana’s divorce rate was 0.9 per 1,000 people as of 2023, a relatively low rate compared to many other states. Couples may choose to divorce for many reasons, and property division may just be one of several issues they will need to resolve. Whatever the underlying cause of your divorce may be, resolving property division requires following Louisiana’s community property law, and this means completing the financial disclosure process with your attorney’s help. 

Understanding Property Division in a Louisiana Divorce

The community property law may appear straightforward, but the reality is that many couples in Boutte encounter issues when attempting to resolve this element of divorce. Under the community property law, each spouse is allowed to keep certain types of separate property. This will usually include things they owned before marriage, most personal effects, gifts, and inheritance left only to them. 

Everything that the couple acquired during their marriage, including both assets and debts, jointly owned property, and all earnings from both spouses, will qualify as part of the marital estate and will therefore be subject to equal division under Louisiana’s community property law. The actual process of dividing this property varies from case to case. 

It is important to understand that if any property that would typically qualify as one spouse’s separate property was ever commingled with marital assets, it will likely qualify as part of the marital estate in a divorce. Dividing some assets can be challenging. The divorcing spouses may choose to exchange pieces of property that have equivalent value, but some property may be liquidated, and the couple will divide the proceeds. 

One of the most important parts of the property division process is financial disclosure. Both spouses must submit complete and accurate financial records so that their assets and debts can be accurately cataloged. If either spouse attempts to hide assets or intentionally squanders assets during divorce proceedings, this can lead to severe repercussions, including contempt of court.

Some assets need extra care. A family business may be partly community property, a valid prenuptial agreement can override the default rules, and even family pets are divided as property under Louisiana law. Property division is usually resolved alongside child support. If a protective order requires one spouse to leave the family home, that can affect how the home is handled too.

The Marino Law Firm, LLC understands that divorcing couples are likely to have disputes concerning property division in divorce, and we have extensive experience handling these cases for clients in Boutte and throughout the surrounding communities of Louisiana. If you are preparing to divorce, reach out to our firm and learn how a Boutte property division attorney can assist with your case. 

FAQs

Will My Spouse Get Half of Everything in Our Divorce in Boutte? 

Your spouse will not exactly get half of everything in your divorce in Boutte, but the marital estate’s net value will be equally divided under Louisiana’s community property law. You will be able to keep anything that you can prove is your own separate property. Your Boutte property division attorney will be a helpful asset when it comes to completing your financial disclosure and accurately categorizing all of the property you must address in your divorce. 

What Happens if a Divorcing Spouse Hides Assets in Louisiana? 

In Louisiana, if a divorcing spouse hides assets, they can face various penalties. Intentional refusal to submit a complete and accurate financial disclosure is a direct violation of a lawful court order, so this may lead to contempt of court. It is also possible for a judge at the St. Charles Parish Courthouse to require them to pay the other spouse’s legal expenses, and other penalties are possible depending on the nature and severity of their actions.

Will I Need to Sell My House in a Boutte Divorce? 

You may need to sell your house in a Boutte divorce and divide the proceeds with your spouse. However, in some cases, divorcing couples may negotiate alternatives that allow one spouse to keep the house. This is likely when the divorcing couple has children, as it would allow the children to remain in their familiar family home. Your attorney can explain your options for handling division of real estate in divorce. 

Will I Need to Go to Court to Resolve Property Division in a Louisiana Divorce? 

You may not need to go to court to resolve property division in a Louisiana divorce as long as you and your spouse are able to work out a mutually acceptable property division arrangement. Many divorcing couples in Louisiana and throughout the US explore alternative dispute resolution to resolve their divorces more efficiently and with greater control over the outcome, but litigation will be necessary if they cannot reach a mutually acceptable resolution. 

Why Should I Hire a Property Division Lawyer in Boutte?

You should hire a property division lawyer in Boutte to have a better chance of reaching an acceptable conclusion to this aspect of your divorce. Your attorney can help with the financial disclosure process to make sure everything unfolds as fairly as possible, and they can also help you resolve any points of contention you encounter with your spouse. 

The Marino Law Firm, LLC has years of proven experience handling difficult divorce cases in Boutte and surrounding communities of Louisiana. We understand that property division can be a challenging issue in many divorces, and you’re likely concerned about your financial future. We can help you approach your case with peace of mind, so contact us today to schedule your consultation with an experienced Boutte property division lawyer.