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Who gets the family cabin in a high-asset divorce?

On Behalf of | Dec 6, 2023 | Divorce

When a Louisiana couple decides to part ways, one of the pressing questions is, “Who gets the family cabin?”

This decision becomes particularly important in high-asset divorces where emotions often run high.

Community property principle

In the Pelican State, community property rules the roost. All property acquired during the marriage is typically community property, jointly owned by both spouses. However, this does not mean a 50-50 split. The courts strive for equitable, rather than equal, distribution. The goal is fairness, considering factors like financial contributions, homemaking efforts and the economic circumstances of each spouse.

Cabin usage

The use of the family cabin during the marriage can play a role in determining its fate. If one spouse resided in the cabin after the separation, it may impact the court’s decision. The court may consider who contributed to the upkeep and maintenance during this time.

Financial capacity

The court evaluates each spouse’s financial capacity to maintain the family cabin. This includes considerations such as income, debts and other financial responsibilities. The goal is to ensure that the spouse awarded the cabin can afford to maintain it without facing undue hardship.

Mediation as an alternative

For couples seeking an amicable resolution, mediation is an option. Through this process, both spouses can negotiate and reach a mutually agreeable decision regarding the family cabin. This approach can offer more flexibility and control over the outcome.

Even with a low divorce rate of 2.2 divorces per 1,000 population in 2021, the dissolution of a marriage is still often the best alternative. While dividing assets can be challenging, understanding the nuances of the process can help both parties face the situation with clarity and composure.

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