Community property is almost everything you earned during your marriage. An easy way to think of it is that half of your income is your spouse's and half of their income is yours. Your community property regime terminates retroactively to the date you filed for divorce. (La. C.C. Art. 159.)
Since nearly everything acquired during the marriage is community property, title does not matter nearly as much as people think - just because your spouse's name is the only one on the title for your marital home doesn't mean the home isn't just as much yours. The law presumes anything a spouse possesses during the marriage is community property, and it's on the other spouse to prove otherwise. (La. C.C. Art. 2340.)
Using your own separate property to purchase something which benefited the community during your marriage does not automatically entitle you to a full reimbursement, and the same care applies in reverse. Inheritances and gifts given to only one spouse are separate property, but depositing that money into a joint account or spending it on shared expenses can cause it to lose its separate status. (La. C.C. Art. 2365; La. C.C. Art. 2341.)
To know what exactly is excluded from your community property regime and which reimbursement options are available to you please schedule a consultation.
DISCLAIMER: This post is only general information, not legal advice. This post does not create an attorney-client relationship. Schedule a consultation with Attorney Teresa to learn more about your case.
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