Legal Question in Family Law in Louisiana
Divorce Asset Settlement
So now that it's established as community property and if no money is taken from the account if there was a divorce will the amount originally deposited then be consider ''prior to marriage'' assets and be awarded to the appropriate party or will it be divided 50/50?
1 Answer from Attorneys
Re: Divorce Asset Settlement
I do not believe anyone said it was community property. If it were community property, then you get no credit and if still in the account she gets 1/2. What I wrote is that if spent you get credit for 1/2 that was spent on her...the other 1/2 was spent on you. If it is still in the account, then you get all of it. What I further said was, if there is $10,000 in the account for 5 years and it is spent and more is deposited, then they can claim your separate funds were spent, ie "first in first out." If that is the case, then you spent 1/2 on yourself, and you get the 1/2 you spent on her. You probably should hire an attorney to handle your divorce and community partition.
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