Marital property division

Your state, unlike the rest of the country follows the "French" legal system. So you will need to consult a local attorney. In the rest of the US, there would be either a division of assets and liabilities based on either the equitable distributions standards or the community property standards. Good luck.

The court will look at what marital property exists on the date the divorce was filed. The filing date of the divorce will be the date that your community property regime terminates. Community property consists of property acquired during the marriage. So, if you and your spouse acquired a car during the marriage, it is presumed to be a community asset. The court looks at all of the community assets.

With respect to your second question, Louisiana does not recognize what is know as common law marriage, which I may understand to be what you speak of when you say proxy marriage. If you lived together prior to the marriage, that does not create or establish a community property regime that would be subject to division. Savings or earnings also do not enter into the division of property. Property is divided as if the community were a balance sheet of assets and liabilities, not an income statement of income and expenses. The community property regime consist of those assets and liabilities acquired during the marriage. Assets are valued as of the date of termination of the marriage and liabilities as of the date of the trial on community property.

The issue of determining whether property is community or separate can be complicated and factually driven. Generally, anything acquired by either spouse after marriage is assumed to be community property. The spouse contending that property is not community (i.e. separate property) has the burden of proving the claim. In view of the complicated nature of the topic, I would recommend you consult an attorney prior to entering into any community property settlement.