Injunctions: Alienation of Community Property
Jul 25, 2023 by Britton Evers
Wen I file for divorce, how can I protect my assets before they are divided?
- In Louisiana, an injunction against the alienation of community property is a court order that limits a spouse's ability to sell or transfer property that is considered community property during divorce proceedings. Community property generally refers to any property, assets, or debts that were acquired by either spouse during the marriage.
- This type of injunctinis intended to prevent one spouse from disposing or hiding assets to gain an unfair advantage over the other spouse in the property division process. Without such an injuction, one spouse could sell community property assets or use community funds to pay off separate debts, resulting in an unequal division of assets between the spouses.
- The injunction against alienation of community property can be obtained by either spouse through a motion or petitin filed in court. If granted, the injunction will remain in effect until the divorce is finalized and the property division process is completed.
- It's important to note that this tipe of injuntion does not affect the right of either spouse to use community property for the benefit of the family or to carry on the normal course of business. It simply restricts their ability to sell or dispose of community property without the permission of the court or the other spouse.
- If you're going through a divorce in Louisiana and are concerned about the possibilty of property being sold or transferred during the divorce proceedings, an experienced family law attorney can help you understand your rights and options. They can also help you take appropriate measures to protect your community property and ensure a fair property division.