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Community Property
Louisiana Judgment of Divorce with community property...

Community Property Without Right Of Survivorship

Name: Community Property Without Right Of Survivorship
Brand: US Legal Forms
Rating: 4.63 (496 reviews)

Category:

Louisiana Family Law - Divorce - With Children

State:

Louisiana

Control #:

LA-5307

Format:

Instant download

Description

This is an example of a default Judgment of Divorce in favor of plaintiff and against defendant, the defendant having failed to appear or answer within the prescribed time frame. The court orders a decree of divorce "a vinculo matrimonii" and recognizes plaintiff as owner of an undivided one-half interest in the community property of the parties, and reserves unto plaintiff the right to seek judicial or extra-judicial partition thereof in the future. Mutual restraining orders are issued to the parties prohibiting them from disposing of community property and/or threatening, harassing or harming each other or their children. Joint custody of the minor children is granted to the parties, with plaintiff designated as the domiciliary parent, subject to defendant's rights of reasonable visitation. Plaintiff is ordered to pay all costs of the proceedings.

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Interesting Questions

In Louisiana, community property without right of survivorship means that each spouse owns an undivided one-half interest in the property acquired during the marriage. This ownership interest is separate from individual property owned by each spouse. Upon one spouse's death, their share in the community property will be distributed based on their will or, if there is no will, according to Louisiana's inheritance laws.

If one spouse dies without a will in Louisiana, the community property without right of survivorship will be distributed according to the state's intestacy laws. Generally, the surviving spouse will inherit at least one-fourth of the deceased spouse's separate property, and the remaining assets will be divided between the surviving spouse and the deceased spouse's children or other heirs.

Separate property in Louisiana refers to assets owned by a spouse individually, outside of community property. It includes property acquired before the marriage, property received through inheritance or gift, and property purchased with separate funds. Unlike community property without right of survivorship, separate property is not subject to automatic spousal ownership or distribution upon death.

Community Property Without Right Of Survivorship

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What is community property without right of survivorship?

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Can a spouse leave their share of community property without right of survivorship to someone else?

What is separate property in Louisiana?

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