In Louisiana, income from separate property is community property. For example, if you inherit $100,000 and put it in a savings account, then the interest the savings account accrues is community property.
In Louisiana, a spouse may reserve these "fruits" of separate property as his or her separate property by signing a declaration and filing it in the proper parish records. Sometimes a married person will do this without his or her spouse knowing about it.
Not any more. Effective January 1, 2009, a copy of your declaration must be provided to your spouse prior to filing the declaration in the proper parish.
If you have questions about community and separate property, feel free to post a comment or send me an email at paul@rabalaislaw.com. I'll do my best to answer your questions and set the record straight.
Paul Rabalais


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