Free LA-Notary Matrimonial Regimes and Community Property Questions and Answers — Questions and Answers
Question 1: A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement. What is their legal matrimonial regime?
- Separate property by default.
- Community of acquets and gains. (Correct answer)
- Universal community.
- Partnership of acquets and gains.
Correct answer: Community of acquets and gains.
Under Louisiana Civil Code Article 2327, the legal regime of community of acquets and gains applies to spouses domiciled in this state in the absence of a matrimonial agreement that excludes it. This means all property acquired during the marriage through the effort, skill, or industry of either spouse is presumed to be community property.
Question 2: John owned a rental property before his marriage to Mary. During the marriage, the rental income from this property is used to pay for family expenses. How is the rental income classified?
- John's separate property.
- Mary's separate property.
- Community property. (Correct answer)
- Co-owned in indivision.
Correct answer: Community property.
The natural and civil fruits of the separate property of a spouse, including rental income, are community property. However, a spouse may reserve them as his separate property by a declaration made in an authentic act or an act under private signature duly acknowledged.
Question 3: A couple wishes to enter into a matrimonial agreement *after* they are married to modify their community property regime. What is required for this agreement to be valid?
- A verbal agreement witnessed by two people.
- An act under private signature.
- An authentic act or an act under private signature duly acknowledged, and court approval. (Correct answer)
- An authentic act filed with the Secretary of State.
Correct answer: An authentic act or an act under private signature duly acknowledged, and court approval.
Spouses may enter into a matrimonial agreement during the marriage to modify or terminate their matrimonial regime. For this agreement to be valid, it must be made by authentic act or by an act under private signature duly acknowledged, and it requires joint petition and a finding by the court that it serves their best interests and that they understand the governing principles and rules.
Question 4: A wife uses her separate funds to purchase immovable property during the marriage. To ensure the property is classified as her separate property, what must the act of acquisition contain?
- A statement that she is married and living with her husband.
- A 'double declaration' stating the funds are her separate funds and she intends to acquire the property for her separate estate. (Correct answer)
- The signature of her husband consenting to the purchase.
- A clause stating the property is for investment purposes only.
Correct answer: A 'double declaration' stating the funds are her separate funds and she intends to acquire the property for her separate estate.
To rebut the strong presumption that property acquired during the marriage is community, the act of acquisition must contain a 'double declaration.' The spouse must declare that the funds used are their separate funds and that they are acquiring the property for their separate estate.
Question 5: Which of the following events does NOT, by itself, terminate the community property regime?
- Death of a spouse.
- A judgment of divorce.
- A judgment of separation from bed and board.
- The physical separation of the spouses who live in different residences. (Correct answer)
Correct answer: The physical separation of the spouses who live in different residences.
The community property regime is terminated by the death of a spouse, a judgment of divorce, a judgment of separation from bed and board, or a judgment declaring the nullity of the marriage. The mere physical separation of the spouses does not terminate the legal regime.
Question 6: During the marriage, community funds are used to pay off a mortgage on the husband's separate property. Upon termination of the community, what is the wife entitled to?
- Nothing, as the funds were used for a community benefit.
- Full ownership of the husband's separate property.
- Reimbursement to her for one-half of the community funds used.
- Reimbursement to the community for the full amount of community funds used. (Correct answer)
Correct answer: Reimbursement to the community for the full amount of community funds used.
If community property has been used to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement upon termination of the community. The community is reimbursed for the full amount of the funds used, and the non-obligor spouse then receives one-half of that amount in the partition.
Question 7: A husband wishes to sell a piece of community immovable property. What is required for the sale to be valid?
- The husband's signature alone is sufficient.
- The concurrence of both spouses. (Correct answer)
- A court order authorizing the sale.
- The husband's signature, provided the property is titled in his name only.
Correct answer: The concurrence of both spouses.
The alienation, encumbrance, or lease of community immovable property requires the concurrence of both spouses. A sale made by one spouse without the consent of the other is a relative nullity that can be set aside by the non-concurring spouse.
Free LA-Notary Matrimonial Regimes and Community Property Questions and Answers
A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement.
What is their legal matrimonial regime?