Louisiana is a community property state. Property is divided up into separate property (that which is brought into the marriage, or inherited, or awarded in a personal injury settlement), and community property (that which is earned during the marriage, including a house purchased with community assets, retirement benefits, employment income, etc.) Without a will, the spouse gets half of the community property and the right to use the other half until death or remarriage. Then the remaining one-half goes to the children. The separate property goes to the children.

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