How is "community property" defined in Louisiana?

In Louisiana, "community property" is defined as the property acquired during the marriage that is not obtained by gift or inheritance. This means that any assets or income generated during the marriage are considered to belong equally to both spouses, regardless of which spouse earned or purchased them.

Community property laws are unique to Louisiana and stem from its civil law tradition, which places emphasis on the partnership between spouses in a marriage. This concept reflects the idea that both partners contribute to the marriage and therefore have equal rights to what is earned or acquired during that time.

Property owned by one spouse, inherited property, or property bought before the marriage does not fall under the category of community property as these forms of ownership reflect individual rather than joint ownership considerations. Inheritances and gifts are typically classified as separate property, while property purchased before marriage is owned solely by the individual who acquired it prior to the marital union.