Community Property and Louisiana Successions: What Heirs Need to Know

Last updated: May 10, 2026

Louisiana’s community property rules are among the most misunderstood aspects of succession law. Understanding what is community property — and what is not — is essential to getting the succession right.

Louisiana as a Community Property State

Louisiana is one of nine community property states in the United States. Under Louisiana’s community property regime, assets acquired by either spouse during the marriage are presumed to be owned equally (50/50) by both spouses — regardless of whose name is on the title or who earned the money.

This has profound implications for successions. When one spouse dies, only the deceased spouse’s half of the community property is subject to succession. The surviving spouse already owns their half and retains it outright — it does not pass through the succession at all. (See: Usufruct and Naked Ownership in Louisiana.)

Community Property vs. Separate Property

The distinction between community and separate property is the most important threshold question in any Louisiana succession involving a married decedent.

What Is Community Property?

Under Louisiana Civil Code Article 2338, community property includes:

• Wages, salaries, and other compensation earned by either spouse during the marriage
• Property acquired with community funds during the marriage
• Fruits and revenues of community property (rent, dividends, interest)
• Property donated jointly to both spouses
• Property that cannot be classified as separate property

What Is Separate Property?

Separate property includes:

• Property owned by a spouse before the marriage
• Property received by one spouse as a gift or inheritance during the marriage (even from the other spouse)
• Property acquired with separate funds
• Damages received for personal injury (with limited exceptions)
• Property designated as separate by a matrimonial agreement

The Presumption of Community

If there is any doubt about whether an asset is community or separate, Louisiana law presumes it is community property. The burden is on the party claiming separate property to prove it with documentation — typically a deed, gift letter, inheritance records, or bank records tracing the funds.

How Community Property Affects the Succession

What Goes Through Succession?

Only the deceased spouse’s half of the community property goes through succession. The surviving spouse’s half is not part of the succession estate.

For example, if a married couple owns a home worth $400,000 as community property:

• The surviving spouse owns $200,000 (their half) outright — no succession needed
• The deceased spouse’s $200,000 half goes through succession and passes to the heirs

Who Inherits the Deceased Spouse’s Half?

In an intestate succession (no will), the deceased spouse’s half of the community property passes to the children, subject to the surviving spouse’s legal usufruct. The surviving spouse does not inherit the deceased spouse’s half — they receive only the right to use and enjoy it during their lifetime.

In a testate succession (with a will), the deceased spouse can leave their half of the community property to anyone — including the surviving spouse — subject to forced heirship laws.

Common Community Property Issues

Mixed Funds

Many Louisiana families have bank accounts that contain both community and separate funds — for example, an account that was opened before the marriage (separate) but received community income deposits during the marriage. Tracing the separate property component requires detailed financial records and is one of the most complex issues in succession law.

Separate Property That Became Community

Property can change character during a marriage. For example, if a spouse uses community funds to improve separate property, the community may have a claim for reimbursement. If a spouse’s separate property business generates income during the marriage, that income is community property.

Out-of-State Property

If the deceased owned real estate in another state, the community property rules of that state (or the common law rules, if it is not a community property state) may apply to that property — not Louisiana’s rules. This can create complex conflicts of law issues in multi-state estates.

Matrimonial Agreements

Some Louisiana couples have a matrimonial agreement (prenuptial or postnuptial agreement) that modifies or eliminates the community property regime. If such an agreement exists, it must be reviewed carefully before the succession is filed.

The Descriptive List and Community Property

The Descriptive List of Assets filed with the court in a Louisiana succession must:

• Identify each asset as community or separate property
• List the deceased spouse’s portion of each community asset (typically 50%)
• List the full value of each separate property asset

Getting this wrong — for example, listing the full value of a community property home instead of the deceased’s half — can result in the succession being challenged or the heirs receiving more or less than they are entitled to. (See: Louisiana Succession Documents Checklist.)

Related from Pelican: Uncontested Louisiana Succession, Complex Louisiana Succession, Contested Louisiana Succession, Usufruct & Naked Ownership, Forced Heirship Explained.

Related Reading

• Usufruct and Naked Ownership in Louisiana
• Louisiana Forced Heirship Explained
• Louisiana Succession With a Will vs. Without a Will
• Uncontested Louisiana Succession (service page)

Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising.