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Divorce Dictionary

Separate Property

Louisiana Civil Code article 2341 states that the separate property of a spouse is owned by that spouse exclusively, and is defines separate property to include: 

  • "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 them individually;" 

  • "damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse;"

  • "damages or other indemnity awarded to a spouse in connection with the management of their separate property;" and

  • "things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime."

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