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When you start planning for the future, one of the first things to look at is how your property is owned. In Louisiana, we follow a community property system, which means that the way property is divided between spouses works differently than it does in most other states. If you’re married or thinking about marriage, understanding this system is a key step in preparing an estate plan that protects your family and respects your wishes.
What Is Community Property in Louisiana?
Under Louisiana law, most property acquired by a couple during the marriage is considered community property. That includes wages, homes, vehicles, investments, and even debts, as long as they were earned or incurred after the marriage began.
Community property belongs equally to both spouses—each owns a one-half interest in everything that falls under this category.
On the other hand, separate property includes:
- Assets owned by one spouse before the marriage
- Inheritances or gifts given to one spouse alone
- Certain damages awarded for personal injuries
Separate property stays with the individual spouse and isn’t automatically shared. However, mixing or using separate property for community purposes can sometimes result in it becoming community property. That’s one reason we recommend keeping clear records and working with an attorney when you start planning.
How Community Property Impacts Your Estate Plan
Community property law governs the distribution of assets after one spouse passes away. When a married person dies, their one-half share of the community property becomes part of their estate and passes either according to their will or under Louisiana’s intestate succession laws.
The surviving spouse keeps their half, but the other half may go to:
- Children (including those from a prior relationship)
- Parents or siblings, if there are no children
- A surviving spouse only in certain situations
Louisiana also has forced heirship laws. If a person dies with a child under age 24 or a child with a permanent disability, that child may be entitled to a portion of the estate, even if the will says otherwise.
We help you take all of this into account when building your plan.
Common Planning Tools for Couples
There’s no one-size-fits-all plan. We use different tools depending on your goals, your family structure, and your assets.
Here are some common approaches:
- Wills – Let you decide who receives your half of the community property and any separate assets.
- Trusts – Allow for more control over how assets are used and distributed, especially for blended families or minor children.
- Usufruct agreements – Common in Louisiana, these let a surviving spouse use certain assets (like a home) during their lifetime while preserving inheritance rights for children.
- Matrimonial agreements – Also known as prenuptial or postnuptial agreements, these can reclassify property as separate or community.
We’ll walk you through each of these options to help you choose what makes the most sense.
Community vs. Separate Property: What Can You Control?
Even if property is shared, you still have control over your one-half interest in it. Through a properly written will or trust, you can direct what happens to your share.
If you have separate property, you generally have more freedom, but you still need to be cautious. If separate funds are used to pay for community assets or if titles are changed, that property may be considered community property.
We often see well-meaning spouses unintentionally blend their separate property into the community. We can help you avoid that by reviewing titles, deeds, and account histories.
Why It Matters for Blended Families and Second Marriages
When there are children from a prior marriage or relationship, things can become more complicated. Louisiana’s rules may divide property in ways you don’t expect unless your estate plan says otherwise.
For example, if you want to leave your house to your spouse but also want your children to inherit it after your spouse’s death, a usufruct arrangement may be a good option.
We help you design a plan that protects everyone involved, whether you’re entering a second marriage, caring for minor children, or just want to make sure everyone is treated fairly.
Frequently Asked Questions About Community Property in Louisiana
What happens to community property when one spouse passes away?
The surviving spouse keeps their half. The deceased spouse’s half goes through succession, either under a will or state law.
Do we still need a will if we’re married and everything is community property?
Yes. A will gives you control over your half of the property and can help avoid confusion or disputes after death.
Let’s Plan Together
Understanding how Louisiana’s community property laws affect your estate plan is the first step toward protecting your legacy. At Kallio Law Firm, LLC, we work with individuals and couples throughout Louisiana to build clear, effective estate plans that reflect their values and goals.
Contact us today to talk about where you are and where you want to be. We’ll help you take the next step.
