The partition action is that part of the divorce process where divorcing spouses legally divide the property acquired during marriage. Louisiana is a community property state – meaning that there is a legal presumption that any property acquired during the marriage is owned by both spouses (regardless of how it is titled) and all debts are presumed to be the responsibility of both spouses (regardless of which spouse incurred the debt). However, even in a community property state there are nuances in the law that may or may not result in a “50/50” split of marital property at the time of divorce.
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