Sworn Detailed Descriptive List in Louisiana Divorce: The 45-Day Deadline You Can't Miss

The Sworn Detailed Descriptive List is the most consequential document in Louisiana's community property partition process — and it comes with a 45-day deadline that can lock you into an unfavorable financial outcome if you miss it. Under Louisiana Revised Statutes Section 9:2801, once either spouse files a motion to partition the community property, both parties have exactly 45 days to file their own sworn list of every community asset, its value, and its location.

What Happens If You Miss the Deadline

If you fail to file your Sworn Detailed Descriptive List within 45 days, the court may adopt your spouse's list as the sole, unchallenged determination of the entire community estate. That means your spouse's valuations, classifications, and claims become the baseline for the 50/50 division — and you lose the ability to dispute them.

This is not a theoretical risk. Louisiana courts have enforced this consequence, leaving the defaulting spouse bound by their ex-spouse's asset inventory. A house valued low, a retirement account overlooked, a separate property claim you could have challenged — all become final.

What the Sworn Detailed Descriptive List Must Include

The list must itemize every asset and liability in the community estate with enough detail for the court to identify, locate, and value each item:

For each community asset:

• Description of the asset (make, model, year for vehicles; address and legal description for real estate; account numbers for financial accounts)
• Location of the asset
• Fair market value as of the date closest to the partition trial
• Whether you claim it as community or separate property, and why

For each community debt:

• Creditor name and account number
• Current outstanding balance
• Whether the debt is community or separate, and the basis for that classification

For reimbursement claims:

• The amount of separate funds used to pay community debts (or community funds used for separate debts)
• Documentation supporting the claim
• The statutory basis (Civil Code Articles 2364, 2365, or 2366)

The list is filed under oath — you're swearing to its accuracy. Deliberate omissions or misrepresentations can result in sanctions and can be used against you at trial.

Form H and Parish-Specific Requirements

Several Louisiana parishes — including East Baton Rouge, Caddo, and others — use a standardized financial disclosure form often called "Form H" or a similar local equivalent. This form requires detailed income, expense, and asset information.

Form H typically covers:

• Gross and net monthly income from all sources
• Monthly living expenses by category (housing, transportation, food, childcare, medical, insurance)
• A complete list of assets with estimated values
• A complete list of debts with current balances

Some parishes require Form H as a supplement to the Sworn Detailed Descriptive List, not a replacement for it. Check your specific parish's local rules — the clerk of court's office or the court's website will specify which forms are mandatory and when they're due.

How to Prepare Your List

Start gathering documents immediately — don't wait for the partition motion. You'll need:

• Last 3 years of federal and state tax returns
• Last 6 months of pay stubs for both spouses
• Bank statements for every account (checking, savings, money market) for the last 12 months
• Retirement account statements (401k, IRA, pension) showing current balances and the balance at the date of marriage
• Mortgage statements and the most recent property tax assessment
• Vehicle titles and Kelley Blue Book valuations
• Credit card statements showing current balances
• Student loan statements
• Life insurance policy declarations pages
• Business financial statements if either spouse owns a business

Classify each item as community or separate property. Remember Louisiana's community presumption — everything acquired during the marriage is presumed community unless you can trace it to a separate source.

Get professional appraisals for high-value items. Real estate should be appraised by a licensed appraiser. Businesses may need a formal valuation. The more defensible your valuations, the harder they are for your spouse to challenge.

Hidden Assets and Concealment

If you suspect your spouse is hiding assets, the Sworn Detailed Descriptive List process gives you tools to investigate. Once both lists are filed, you can "traverse" your spouse's list — formally challenging specific valuations or pointing out omissions.

You can also use discovery tools: interrogatories (written questions under oath), requests for production of documents, and depositions. If the evidence suggests deliberate concealment, the court can order forensic accounting and impose sanctions on the concealing spouse.

Common hiding tactics include transferring assets to family members, understating business income, creating fictitious debts, and opening accounts in other states. Document everything and request the court appoint a forensic accountant if the discrepancies are substantial.

The Traverse Process

After both spouses file their lists, each party reviews the other's and files a traverse — a formal objection — to any items they dispute. You might traverse a valuation you believe is too low, a classification you disagree with (community vs. separate), or a reimbursement claim you want to challenge.

Items not traversed are deemed accepted. This is another trap for the unprepared — if your spouse undervalues the family home at $250,000 and you don't traverse that valuation, the court may accept it even if the actual market value is $320,000.

Building Your Financial Case

The 45-day deadline creates intense time pressure, but the quality of your Sworn Detailed Descriptive List directly determines the fairness of your property division. The Louisiana Divorce Financial Split Guide includes a Detailed Descriptive List template and asset inventory worksheets designed specifically for Louisiana's partition process — helping you organize every account, property, and debt before the clock starts.

See more Louisiana guides →