Securing Your Fair Share Of The Marital Assets
In a typical divorce, either party rarely believes they receive what they should. This is especially true when the assets are substantial, the incomes are uneven, or a court divides the estate. In these situations, a great deal depends on your priorities, your expectations, and the caliber of your legal counsel. It may be well worth it to stand your ground in pursuit of a greater share of the estate. Or you may find it more practical to accept a little less to avoid the expense and aggravation of litigation.
Ivy Graham offers experience with a wide range of cases from high net worth divorce and complex asset division to low net worth and simple asset division. She is well-read in Louisiana community property laws and how those statutes are applied in Louisiana Courts. We can tell you where you stand and guide you to a property settlement that meets your goals and needs.
Louisiana's Community Property Law
The legal principle of community property means that all assets and earnings acquired while you were married are jointly owned in equal proportions. Likewise, you are both equally responsible for loans and debts taken on during marriage. Louisiana law calls for a 50-50 split of the community estate, regardless of whose name is on the title to property, under whose name the debt was incurred, or which spouse was the breadwinner.
The exception to the community property presumption is separately owned assets. This might include a house or business owned before marriage, an inheritance, or lawsuit settlement received during marriage. Separate property becomes dubious when those assets are commingled with community property or when there is a prenuptial/postnuptial agreement. It is imperative that you hire an attorney who understands these nuances and can present a persuasive legal argument.
Evaluation and Division of Marital Assets
If your estate is more involved than a mortgage, two cars and a 401(k), attorneys Ivy Graham can provide the sophisticated examination and negotiation to assert your interests. She pays close attention to detail to accurately value and portray your holdings and provide creative problem-solving to reach a workable distribution of assets and debts.
Through trade-offs, buyouts and other strategies, she can address:
- The house and its equity
- Pensions and retirement savings
- Stocks and investments
- Deferred compensation
- A business or professional practice
- Joint debts and obligations
- The role of alimony in your property settlement