Inheritance in divorce

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    • #4229
      Gibson39501
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      Where to find rules abiut when inheritance received during marriage by one party is considered community assets??

    • #4234
      EJC-LA
      Participant

      Louisiana Civil Code art. 2341. Separate property —

      The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually

      Louisiana Civil Code art. 2341.1. Acquisition of undivided interests; separate and community property —

      A. A spouse’s undivided interest in property otherwise classified as separate property under Article 2341 remains his separate property regardless of the acquisition of other undivided interests in the property during the existence of the legal regime, the source of improvements thereto, or by whom the property was managed, used, or enjoyed.

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      All that said, there are instances when the fruits of separate property are community assets; and I can think of an instance in which separate property MIGHT be converted to community property, but that would need to be discussed with an attorney.

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      I am not an attorney, and no answer is to be considered legal advice.

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