Gregory S. Johnson, Attorney at Law
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How can I protect heirlooms in a divorce?

Going through a Louisiana divorce is difficult. You struggle with the ending of a relationship and try to figure out how to go forward. In addition, there is the issue of dividing property. Sometimes this happens easily, and you can come to quick agreements on who gets what. Other times, though, you may end up in a dispute over an item. This may be especially true when it comes to family heirlooms.

According to GOBankingRates, you need to look at when you received an heirloom and the conditions under which it was received. If it was given specifically to you, regardless of whether it was before or during the marriage, then it belongs to you. However, you may need to provide proof of where you got it and that it was given to you only. You might want to secure records from the attorney that handled the estate from which you were awarded the item.

In addition, you should always take a picture of an heirloom and try to keep it in a secure location. This is especially important if it is stored in the family home and you will be moving out. You should not leave it behind.

Do note that Louisiana is a community property state. This means that anything ruled a marital asset must be split equally between you and your spouse. If you fail to provide solid evidence that an heirloom is yours alone, you may be required to split it with your spouse. This information is only intended to educate and should not be interpreted as legal advice.

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