Louisiana Divorce With a House — Your Options (2026)

A family home purchased during the marriage is community property in Louisiana — owned equally by both spouses. But the division does NOT happen in the divorce judgment — it requires a separate partition proceeding or a Spousal Agreement.

Is the Home Community or Separate Property?

Purchased during the marriage with community funds: Community property — equal ownership, 50/50 division.

Owned by one spouse before the marriage: Separate property — stays with original owner. However:

• If community funds were used to pay the mortgage, improve the property, or pay insurance/taxes → the community may have a reimbursement claim against the separate property for its contributions
• If both spouses' names were placed on the title → may have converted to community property

Inherited home: Separate property — stays with inheriting spouse.

Option 1 — One Spouse Keeps the Home (Spousal Agreement)

Spousal Agreement must include:

• Full property description (address + legal description from the act of sale)
• Agreed fair market value (professional appraisal or agreed estimate)
• Equity calculation: agreed value − mortgage payoff = net equity
• Each spouse's community share of net equity (typically 50/50; document any agreed deviation)
• Buyout: keeping spouse pays other spouse their 50% share (cash or offset from other community assets)
• Mandatory refinancing deadline — keeping spouse refinances mortgage into their name alone within X days of judgment
• Fallback: If refinancing fails, home is listed for sale
• Who pays mortgage, taxes, insurance, HOA, and maintenance during transition
• Act of Partition: After execution and refinancing, both spouses sign and notarize the partition document → record in Conveyance Records

Recording Real Estate in Louisiana

Louisiana uses the Conveyance Records at the parish Clerk of Court (not "Register of Deeds" or "Recorder"):

1. Prepare the Act of Partition (or Cash Sale Deed if one spouse is buying out the other)
2. Both parties sign before a notary (Louisiana notaries have specific authority requirements)
3. Record the act in the Conveyance Records at the parish Clerk of Court in the parish where the property is located
4. Pay recording fees ($30–$75)
5. Louisiana does not impose a documentary transfer tax on transfers incident to divorce — confirm with the Clerk of Court

Option 2 — Sell and Split Proceeds

Spousal Agreement must include:

• Each spouse's percentage of net proceeds (typically 50/50)
• Listing timeline after Judgment of Divorce
• Agent selection and listing price method
• Who pays carrying costs (mortgage, taxes, insurance, HOA) during listing
• Who occupies the home and whether occupancy compensation applies
• Price reduction schedule and frequency
• What happens if either party refuses to sign closing documents

Option 3 — Deferred Sale (Often Used With Children)

Spousal Agreement must include:

• Duration of deferral (specific date or condition)
• Who pays all carrying costs during deferral
• Occupancy compensation to the vacating spouse (or explicit waiver)
• Capital improvement authorization
• Sale process and proceeds split
• Default provisions

Pre-Marital Home — Reimbursement Claims

If one spouse owned the home before the marriage:

• The home itself is separate property
• However, community funds used to pay the mortgage or improve the property create a community reimbursement claim
• At partition, the community is entitled to reimbursement of the principal paid down from community funds
• The appreciation of the home during the marriage that is attributable to community contributions may also be subject to reimbursement claims

In the Spousal Agreement, document and resolve all reimbursement claims.

Last reviewed: March 2026 | Conveyance Records at parish Clerk of Court | Act of Partition + notarization required | Reimbursement claims for community mortgage payments on separate property | Community property 50/50 presumption

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.