Legal Question in Wills and Trusts in Louisiana

Seperate Property Appreciation

In Louisiana, does my spouse's Seperate Rental Property Appreciation become Community Property? We've been maried for 23 years. The Seperate Property in question (Rental Property) has greatly appreciated and I feel the Appreciation should be considered Community Property. Can you help?


Asked on 12/15/03, 4:05 pm

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Re: Seperate Property Appreciation

In general, if separate property increases in value just because the market value has increased, the other spouse does not share in that increased value.

If the property is made more valuable by what the Civil Code calls "uncompensated common labor or industry of the spouses," the the other spouse does share in the increased value.

It is really more complicated than that, but that is the general rule of law.

Read more
Answered on 12/15/03, 4:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Louisiana