Divorce: I Put My Name on it. Does That Make it Mine?

It is not uncommon for spouses to move assets and put their own names on titles or accounts. There is a myth that simply changing the name on a title or account magically changes the ownership of the account or asset from a community asset to a separate asset.

Under Louisiana law, is important to remember that the name on the title of the asset is not a silver bullet in determining whether it is separate or community between spouses. The name of the title is important as to third parties. Third parties may rely on the title to determine whether the spouse has authority to sell it alone.

However, the name of the title does not determine whether an asset is community or separate as between the spouses. Many different facts and evidence including the name of the title can be used to determine whether an asset is community or separate property between spouses.

Therefore, a spouse that puts their name on a title or account to attempt to make it their own separate property may not bring about the desired results they intended.

If you have any questions concerning divorce, you should consult an experienced divorce attorney.

-Kent S. DeJean

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