If you're married and live in Louisiana, not all your property is treated the same in the eyes of the law.
Understanding the difference between community property and separate property is key to creating an estate plan that works the way you intend.
Here’s what every Louisiana couple should know.
What Is Community Property?
Community property includes:
- Income earned by either spouse during the marriage
- Property purchased with shared income
- Most assets acquired while married, unless proven otherwise
Each spouse owns a 50% undivided interest in community property—regardless of whose name is on the title.
What Is Separate Property?
Separate property includes:
- Assets owned before the marriage
- Gifts or inheritances received by one spouse alone
- Certain personal injury settlements (excluding lost wages)
This property belongs solely to one spouse, but only if it’s kept clearly separate.
Why This Matters in Estate Planning
When someone dies in Louisiana:
- Their separate property typically goes to their children, not automatically to their spouse
- Their spouse may receive a usufruct (the right to use certain assets) but not full ownership
- Community property must be carefully identified and managed
Common Mistakes That Complicate Things
- Mixing inherited funds with joint accounts
- Titling separate property jointly
- Assuming your spouse automatically inherits everything
How to Protect Your Plan
A well-drafted estate plan will:
- Clarify which assets are separate vs. community
- Account for forced heirship (if applicable)
- Legally document your wishes for how property is to be used or divided
Planning Tip
If you’re in a second marriage or blended family, proper planning around property classification is especially important to avoid conflict and confusion.
We Can Help You Get It Right
At Oak Grove Estate Planning, we’ll help you understand what’s yours, what’s shared, and how to protect both. Our plans are built with Louisiana law—and real-life family dynamics—in mind.
Book your consultation today and gain clarity around your property and your plan.
