Legal Question in Family Law in Louisiana

A friend was telling me that even if my wife and I agreed on who gets what (retirement, student loan debt, home equity, etc) that one person cant get "to much" more then the other. He said there was a certain percentage that one person cant have more then the other. We are handling the divorce through mediation and have already agreed on who gets what before meeting with the mediator. I know that Louisiana is a community property 50-50 state, but is it the law that one spouse cant "give" the other spouse more?

Asked on 2/12/10, 10:39 am

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

While a judge might reject a property settlement that appears to be unfair, I suggest you take your community property issues to a licensed attorney. Your factual situation is too individual and your friend's knowledge is too incomplete for any of the lawyers here to fully address.

Best wishes.

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Answered on 2/17/10, 10:31 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

I agree with Mr. Casanave. I would add that I have seen one spouse reopen a community property agreement some 20 years later because of lesion. It is not so much the "law" that causes that, it is when 1 spouse gets upset for some reason and challenges the split of the community. So, make it as close to 50-50 as you can.

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Answered on 2/19/10, 3:27 pm


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