Who Keeps the House in a Louisiana Divorce?

Understanding Community Property Laws in Louisiana

One of the most emotional and stressful questions people face during divorce is: Who keeps the house? For many families, the home is more than just an asset it represents stability, memories, and a sense of security. When divorce enters the picture, uncertainty about the home can feel overwhelming.

In Louisiana, the answer depends on whether the house is classified as community property or separate property under Louisiana’s community property laws. Understanding this distinction is essential, because it directly affects how the home is treated during divorce.

Louisiana’s Community Property System

Louisiana is a community property state, which means that, in general, property acquired during the marriage belongs equally to both spouses. This is true regardless of whose name appears on the deed or mortgage. The law presumes that most assets acquired during the marriage are community property unless proven otherwise.

When a House Is Considered Community Property

If a home was purchased during the marriage using marital income, it is typically considered community property. This is true even if only one spouse signed the paperwork or made the mortgage payments. Louisiana law looks at when the property was acquired and what funds were used, not just whose name is listed.

When a house is community property, each spouse generally owns an equal interest. During divorce, that interest must be addressed as part of the community property division. This does not necessarily mean the home must be sold, but it does mean both spouses’ rights must be accounted for.

When a House Is Separate Property

A home may be considered separate property if one spouse owned it before the marriage, inherited it, or received it as a gift specifically in their name. Separate property is not divided during divorce.

However, even when a house starts out as separate property, the situation can become more complicated over time. If marital funds were used to pay the mortgage, make improvements, or cover major repairs, the community may have acquired a financial interest in the property.

How Reimbursement Claims Affect the House

In many Louisiana divorces, the issue is not simply whether the house is community or separate property, but whether one spouse is entitled to a reimbursement. For example, if community funds were used to reduce the mortgage on a separate property home, the non-owner spouse may be entitled to reimbursement for their share of those payments.

These reimbursement claims do not change ownership of the house, but they can significantly affect how the overall property division balances out.

Who Stays in the House While the Divorce Is Pending?

When both spouses legally own the home, a common and stressful question is who gets to stay in the house while the divorce or property division is ongoing. In Louisiana, ownership alone does not automatically determine who has the right to live in the home during this interim period.

In some situations, both spouses remain in the home temporarily. In others, one spouse may voluntarily move out due to conflict, safety concerns, or practical considerations. Moving out does not mean a spouse gives up their ownership interest in the property.

If the parties cannot agree, a court may address temporary use and occupancy of the home. A judge can order that one spouse remain in the house on an interim basis while the divorce or community property partition is pending. This decision is often based on practical factors such as the best interest of the children and each party’s financial circumstances.

Importantly, temporary use of the home does not decide who ultimately keeps the house. It is a short-term arrangement designed to provide stability while the larger property issues are resolved. In some cases, the spouse who remains in the home may later be required to account for fair market rental value, mortgage payments, or other expenses when the community property is divided.

Because interim occupancy can affect reimbursement claims and the final division of property, decisions about who stays in the home should be made carefully and with an understanding of the long-term consequences.

So Who Ultimately Keeps the House?

There is no single outcome that applies to every divorce. In some cases, one spouse may keep the home and buy out the other’s interest. In others, the home may be sold and the proceeds divided. Sometimes, one spouse is awarded temporary use while ownership issues are addressed later as part of the community property partition.

Louisiana courts focus on dividing community property fairly, taking into account ownership, reimbursements, and the overall financial picture of the marriage.

Speak With a Louisiana Family Law Attorney About Property Division

Property division is rarely as simple as it appears at first glance. The timing of the purchase, the source of funds, reimbursement claims, and interim occupancy all matter.

At Moisant Law Firm, we help clients throughout Louisiana understand their rights under community property law and navigate property division with clarity and care. To discuss your situation or schedule a consultation, call 504-317-1685 or CLICK HERE to fill out a contact form.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.