Louisiana is a community property state. Mandatory 50/50 equal partition of community property by operation of law. Understand how your assets and debts will be classified and divided under La. Civ. Code art. 2336–2369.8.
Calculate Your Property Division →$39 one-time · No account needed · Report by email in 5 minutes
Community Property
Property System
50/50
Default Split
La. Civ. Code art. 2336–2369.8
Primary Statute
Domicile in
Min. Residency
As a community property state, Louisiana starts from the principle that all property acquired during the marriage belongs equally to both spouses. Under La. Civ. Code art. 2336–2369.8, the court's role is threefold: (1) classify each asset and debt as community or separate, (2) value the community estate, and (3) divide it equally.
Mandatory 50/50 equal partition of community property by operation of law. This means the court does not have broad discretion to award one spouse a larger share based on factors like earning capacity or contributions to the marriage. The equal division mandate makes asset classification the most critical battleground in Louisiana divorce cases.
Community property includes wages earned during the marriage, property purchased with community funds, retirement benefits accrued during the marriage, and the increase in value of community investments. Both assets and debts are subject to equal division.
Primary statute: La. Civ. Code art. 2336–2369.8
Separate property includes property acquired before marriage, by gift or inheritance during marriage, and property acquired with separate funds or in exchange for separate property. Income from separate property during marriage is COMMUNITY property (unlike most CP states). Fruits and revenues of separate property are community.
The classification of property as separate or community is often the most contested issue in divorce proceedings. Commingling of separate and community funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Louisiana does not use a multi-factor test. Community property is divided equally by operation of law (La. Civ. Code art. 2336).
The court's role is classification (community vs. separate) and valuation.
MANDATORY 50/50 partition — no judicial discretion to divide unequally.
UNIQUE RULE: income from separate property during marriage is community property (fruits and revenues doctrine).
Louisiana uses Civil Code framework, not common law.
Community property regime terminates upon filing of petition or entry of separation judgment.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Louisiana law.
Louisiana is a community property state. Mandatory 50/50 equal partition of community property by operation of law. The primary statute governing property division is La. Civ. Code art. 2336–2369.8. Community property acquired during the marriage is subject to division, while separate property is confirmed to the owning spouse.
Separate property includes property acquired before marriage, by gift or inheritance during marriage, and property acquired with separate funds or in exchange for separate property. Income from separate property during marriage is COMMUNITY property (unlike most CP states). Fruits and revenues of separate property are community.
Yes. Louisiana is a community property state, and mandatory 50/50 equal partition of community property by operation of law. However, separate property is not subject to division. The critical step is correctly classifying each asset as community or separate.
Louisiana has several unique features: MANDATORY 50/50 partition — no judicial discretion to divide unequally. UNIQUE RULE: income from separate property during marriage is community property (fruits and revenues doctrine).
Get a personalized property division analysis based on Louisiana's community property laws.
Start My Free LouisianaEstimate →This tool provides educational estimates based on Louisiana community property law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Louisiana family law attorney before making decisions. Primary statute: La. Civ. Code art. 2336–2369.8.