Louisiana Notary

A Civil Law Tradition

Matrimonial Regimes

Matrimonial Regimes – Recordation

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Matrimonial Regimes – Recordation

Art. 2332. Effect toward third persons. A matrimonial agreement, or a judgment establishing a regime of separation of property is effective toward third persons as to immovable property; when filed for registry in the conveyance records of the parish in which the property is situated and as to movables when filed for registry in the parish or parishes in which the spouses are domiciled.

Art. 2329. Exclusion or modification of matrimonial regime. Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy. Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval. During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.

Art. 2330. Limits of contractual freedom. Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.

Matrimonial Regimes – The contractual regime (Separate property)

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Matrimonial Regimes – The contractual regime (Separate property)

Art. 2371. Management of property. Under the regime of separation of property each spouse acting alone uses, enjoys, and disposes of his property without the consent or concurrence of the other spouse.

Art. 2372. Necessaries. A spouse is solidarily liable with the other spouse who incurs an obligation for necessaries for himself or the family.

Art. 2373. Expenses of the marriage. Each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. In the absence of such a provision, each spouse contributes in proportion to his means.

Matrimonial Regimes – Matrimonial Agreements

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Matrimonial Regimes – Matrimonial Agreements

Art. 2328. Contractual regime; matrimonial agreement. A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.

Art. 2370. Separation of property regime. A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property.

Matrimonial Regimes – Situations and conditions where concurrence may not be necessary

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Matrimonial Regimes – Situations and conditions where concurrence may not be necessary

Art. 2349. Donation of community property; concurrence of other spouse The donation of community property to a third person requires the concurrence of the spouses, but a spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.

Art. 2350. Alienation of movable assets of business. The spouse who is the sole manager of a community enterprise has the exclusive right to alienate, encumber, or lease its movables unless the movables are issued in the name of the other spouse or the concurrence of the other spouse is required by law. A community enterprise is a business that is not a juridical person.

Art. 2351. Alienation of registered movables. A spouse has the exclusive right to manage, alienate, encumber, or lease movables. issued or registered in his name as provided by law.

Art. 2352. Management and disposition of partnership and limited liability company interest. A spouse who is a partner has the exclusive right to manage, alienate, encumber, or lease the partnership interest. A spouse who is a member has the exclusive right to manage, alienate, encumber, or lease the limited liability company interest.

Matrimonial Regimes – Renunciation of right to concur

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Art. 2348. Renunciation of right to concur. A spouse may expressly renounce the right to concur in the alienation, encumbrance, or lease of a community immovable or some or all of the community immovables, or community immovables which may be acquired in the future, or all or substantially all of a community enterprise. He also may renounce the right to participate in the management of a community enterprise. The renunciation may be irrevocable for a stated term not to exceed three years. Further, any renunciation of the right to concur in the alienation, encumbrance, or lease of a community immovable, or some or all of the community immovables or community immovables which may be acquired in the future, or all or substantially all of a community enterprise which was proper in form and effective under the law at the time it was made shall continue in effect for the stated term not to exceed three years or if there was no term stated, then until it is revoked. A spouse may nonetheless reserve the right to concur in the alienation, encumbrance, or lease of specifically described community immovable property.

Matrimonial Regimes – Management of community property

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Matrimonial Regimes – Management of community property

Art. 2346. Management of community property. Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.

Art. 2347. Alienation of community property; concurrence of other spouse. A. The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables, standing, cut, or fallen timber, furniture or furnishings while located in the family home, all or substantially all of the assets of a community enterprise and movables issued or registered as provided by law in the names of the spouses jointly.

B. The concurrence of both spouses is required to harvest community timber.

Art. 2353. Unauthorized alienation of community property. When the concurrence of the spouses is required by law, the alienation, encumbrance, or lease of community property by a spouse is relatively null unless the other spouse has renounced the right to concur. Also, the alienation, encumbrance, or lease of the assets of a community enterprise by the non-manager spouse is a relative nullity.

Matrimonial Regimes – Separate property

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Matrimonial Regimes – Separate property

Art. 2341. Separate property. The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action f r breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.

Art. 2342. Declaration of acquisition of separate property. A. A declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse may be controverted by the other spouse unless he concurred in the act. It may also be controverted by the forced heirs and the creditors of the spouses, despite the concurrence by the other spouse.

B. Nevertheless, when there has been such a declaration, an alienation, encumbrance, or lease of the thing by onerous title, during the co=unity regime or thereafter, may not be set aside on the ground of the falsity of the declaration.

C.(1) The provision of this Article that prohibits setting aside an alienation, encumbrance, or lease on the ground of the falsity of the declaration of separate property is hereby made retroactive to any such alienation, encumbrance, or lease prior to July 21, 1982.

(2) A person who has a right to set aside such transactions on the ground of the falsity of the declaration, which right is not prescribed or otherwise extinguished or barred upon July 21, 1982, and who is adversely affected by the provisions of this Article, shall have six months from July 21, 1982, to initiate proceedings to set aside such transactions or otherwise be forever barred from exercising such right or cause of action. Nothing contained in this Article shall be construed to limit or prescribe any action or proceeding which may arise between spouses under the provisions of this Article. 453, §1; Acts 1995, No. 433, §1.

Art. 2343. Donation by spouse of interest in community. The donation by a spouse to the other spouse of his undivided interest in a thing forming part of the co=unity transforms that interest into separate property of the donee. Unless otherwise provided in the act of donation, an equal interest of the donee is also transformed into separate property and the natural and civil fruits of the thing, and minerals produced from or attributed to the property given as well as bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, form part of the donee’s separate property.

Art. 2343.1. Transfer of separate property to the community. The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title must be made in writing and a transfer by gratuitous title· must be made by authentic act.

Matrimonial Regimes – Community not a juridical person

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Matrimonial Regimes – Community not a juridical person

Art. 2336. Ownership of community property. Each spouse owns a present undivided one-half interest in the community property. Nevertheless, neither the community nor things of the community may be judicially partitioned prior to the termination of the regime. During the existence of the community property regime, the spouses may, with-out court approval, voluntarily partition the community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332.

Art. 2337. Disposition of undivided interest. A spouse may not alienate, encumber, or lease to a third person his undivided interest in the community or in particular things of the community prior to the termination of the regime.

Matrimonial Regimes – Community Property

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Matrimonial Regimes – Community Property

Art. 2339. Fruits and revenues of separate property. The natural and civil fruits of the separate property of a spouse, minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community property. Nevertheless, a spouse may reserve them as his separate property as provided in this Article. A spouse may reserve them as his separate property by a declaration made in an authentic act or in an act under private signature duly acknowledged. A copy of the declaration shall be provided to the other spouse prior to the filing of the declaration. As to the fruits and revenues of immovables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the immovable property is located. As to fruits of movables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the declarant is domiciled.