Louisiana Community Property: Equal Net Value
Louisiana is a community property state: each spouse owns an undivided one-half interest, and on partition the court divides the community assets and liabilities so each spouse receives property of an equal net value, with an equalizing payment if the allocation is unequal.
A community property state
The IRS lists nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Louisiana, each spouse owns a present undivided one-half interest in the community property, and neither the community nor things of the community may be judicially partitioned before the regime ends (Civil Code art. 2336).
Equal net value
When the spouses cannot agree, either may start a partition proceeding. The court values the assets as of the time of the trial on the merits, determines the liabilities, adjudicates the claims, and divides the community assets and liabilities so that each spouse receives property of an equal net value (R.S. 9:2801(A)(4)).
Allocation and the equalizing payment
The court allocates or assigns all of the assets and liabilities to the spouses. If the allocation results in an unequal net distribution, it orders the payment of an equalizing sum of money, cash or deferred, secured or unsecured, on the terms it directs. The allocation does not affect creditors’ rights.
No fault, no factors
Unlike equitable distribution states, Louisiana’s partition rule is equal net value; the statute does not list factors to weigh. Separate property is not part of the division.
Voluntary partition
During the regime the spouses may, without court approval, voluntarily partition the community in whole or in part, and what each spouse then acquires is separate property (Civil Code art. 2336).
Documents to gather
Deeds, acts of sale, account and retirement statements, loan balances, tax returns and business records with dates acquired.
Test a split
The Louisiana property division calculator computes the equal net share and the equalizing payment from what each spouse holds.
Frequently asked questions
Is Louisiana an equitable distribution state?
No. It is a community property state with an equal net value rule.
Can a Louisiana court divide community property unequally?
The partition rule requires each spouse to receive property of an equal net value.
Can spouses partition community property during marriage in Louisiana?
Yes, voluntarily and without court approval, and what each acquires becomes separate property.
Do creditors have rights in a Louisiana partition?
The allocation of assets and liabilities in no way affects the rights of creditors.
Who divides property in a Louisiana divorce?
The district court, under R.S. 9:2801, if the spouses cannot agree.
Official sources
- R.S. 9:2801: partition of community property
- La. Civil Code art. 2336: ownership of community property
- La. Civil Code art. 2338: community property
- La. Civil Code art. 2341: separate property
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.