Community Property Regime

[lacajungirl1]

What does community property regime mean? My divorce papers say "It is further ordered, adjudged and decreed that the community property regime existing between the parties is terminated as of the 31st day of March, 2008." We were divorced in April 2009. Does this mean that community property was settled meaning I'm getting nothing after ten years and done so without being informed? Or does it mean that anything purchased after that date is not community property and I can still due for what was purchased before? It's late, I'm anxious and I'm sure my lawyer is sleeping.





What is the name of your state (only U.S. law)? Louisiana

[dad43]

this is what i found. i don't know if it helps you or not.

SECTION 3. TERMINATION OF THE COMMUNITY

Causes of termination:

The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community. Art. 2356.

if you weren't divorced, how was community property terminated BEFOREHAND? i guess it would mean(and i'm just trying to understand it), that after that date, anything acquired is considered PERSONAL property, not COMMUNITY, therfore neither of you would have access to the property gained AFTER that date. i could be wrong. a senior would know best. but i would think, that just b/c that's the date community property ended, doesn't mean you aren't entitled to anything purchased TOGETHER, before that date. you weren't given anything during the divorce? i'm not sure it means it was settled, just that is the date that joint property ended.

[lacajungirl1]

I'm doing my own research now and that is the way I'm understanding it; that anything purchased after that date is personal but I can still sue for everything purchased before that date. I just want to make sure. I appreciate all feedback!

[Ohiogal]

Originally Posted by dad43

this is what i found. i don't know if it helps you or not.

SECTION 3. TERMINATION OF THE COMMUNITY

Causes of termination:

The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community. Art. 2356.

if you weren't divorced, how was community property terminated BEFOREHAND? i guess it would mean(and i'm just trying to understand it), that after that date, anything acquired is considered PERSONAL property, not COMMUNITY, therfore neither of you would have access to the property gained AFTER that date. i could be wrong. a senior would know best. but i would think, that just b/c that's the date community property ended, doesn't mean you aren't entitled to anything purchased TOGETHER, before that date. you weren't given anything during the divorce? i'm not sure it means it was settled, just that is the date that joint property ended.

That is what the judgement means. Whether she gets ANYTHING however depends on actual wording of the rest of the decree regarding property.

[mistoffolees]

Originally Posted by dad43

after that date, anything acquired is considered PERSONAL property, not COMMUNITY, therfore neither of you would have access to the property gained AFTER that date

Yes, but with one exception that I can see.

If you use community assets to purchase something, it will be your personal property, but you'll have to make sure that the purchase comes out of YOUR share of community assets and not ex's share.

Or, if you buy something that uses up more than your half of community assets, the excess would still belong to your ex. For example, you have $100K in a checking account and no other assets. You go out and buy a $75 K boat. Ex will get the $25 K remaining in the checking account, PLUS you owe him/her another $25 K. If you can't pay it, the boat could be ordered to be sold.

[lacajungirl1]

Thank you all so much. I appreciate it greatly.