Legal Question in Family Law in Louisiana
Legal Separation/Louisiana
My husband has filed for legal separation. Are items obtained during this time considered community property under our Napoleanic Law?
1 Answer from Attorneys
Re: Legal Separation/Louisiana
There is no longer a legal separation in Louisiana unless you have entered into a covenant marriage and then only for the grounds listed in RS 9:307. The community ends upon the rendering of a judgment of Separation from Bed and Board retroactive to the date of filing. A covenant marriage and minor children make for different time periods that would apply. If no covenant marriage, then regular civil code articles 102 and 103 would apply, including article 103.1 with regard to time periods and minor children. Generally, the community ends with the divorce retroactive to filing. Anything obtained in the interim may be community depending on when, how and with what it was purchased. You need to see a lawyer.
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