Louisiana  |  Family Law

Legal Question

Asked on: 12/17/01, 4:14 pm

Property before marriage

If I had a house and sold it before i got married,and put the money into the stock market and did not add any additional money to the account except the money that was lost or gained by the stock market and then i got married and looking at seperation/divorce now, is that money considered community property in this marriage? Or is considered before marriage money?

Thanks

2 Answers


Answered on: 12/17/01, 5:46 pm by Nick Pizzolatto, Jr.

Re: Property before marriage

As a general rule the value of your stock at the time the community came into existence is your separate property.

Any increase in the value of the stock during the marriage, whether by additional capital (unless the additional capital is separate property), a good market, interest, or whatever, is considered community property, to which the other spouse would have a half interest.

The above is a very simplistic statement of the general rule, and can be affected by a number of factors. Get a good lawyer if you are worried about the stock, and, most especially if your spouse one.


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Pizzolatto Law Office 2771 Paul White Road Lake Charles, LA 70611

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Answered on: 12/28/01, 11:55 am by Darrell Hickman

Re: Property before marriage

The initial money or principle that you invested in the stock will be considered as your separate property. However, any interest or income earned by that money during the marriage is considered community property. If you have cominigled any community property with the separate property, all of it may be considered community property. You need to consult with an attorney to get more specific answers after you have supplied the attorney with more specific details.


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Spears & Hickman 1777 Elliott Street Alexandria, LA 71301

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