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What is classified as separate property in a divorce?

If you are getting a divorce in Louisiana, you will eventually come to the part where property is divided. This can often be a difficult process, especially if you and your spouse cannot come to an agreement easily about how property should be divided. If the court steps in, it will look at both private and marital property to make its determinations. If you have separate property, you can protect it and ensure it stays under your control, but you need to know what is classified as separate property to do this.

According to the Louisiana State Bar Association, separate or non-marital property is anything you own exclusively. If you got property before you were married, it may be separate property. You can also acquire property after marriage that is classified this way. However, property must have certain qualities to be considered separate.

If you buy it with your own money that is not intermingled with your spouse's, then it can be non-marital property. If you receive something as an inheritance, it is just your property. Many gains from a court case are also considered to be just yours and not your spouse's. Finally, if you have a pre or post-nuptial agreement, you can specify property that will not go into the marital estate.

You may also be able to take marital property and make it separate. You would need your spouse to agree through giving it to you, though. This information is for education and is not legal advice.

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