LA Bar Property Law 5

Question 1

Under Louisiana community property law, which of the following is classified as a spouse's separate property?

Accepted Answer

Property inherited by one spouse during the marriage

Answer

La. C.C. art. 2341 classifies property inherited by a spouse during the marriage as separate property, regardless of when the succession opens.

Question 2

To alienate or encumber community immovable property in Louisiana, the transaction requires:

Accepted Answer

The joinder or written consent of both spouses

Answer

La. C.C. art. 2347 requires the joinder or written consent of both spouses to alienate, encumber, or lease community immovables.

Question 3

Under Louisiana law, a valid act of sale for immovable property must ordinarily be:

Accepted Answer

Executed before a notary public and two witnesses as an authentic act

Answer

La. C.C. art. 1833 requires that transfers of immovable property be made by authentic act—executed before a notary and two witnesses—unless a private act under private signature is used.

Question 4

Under Louisiana's public records doctrine, an unrecorded transfer of immovable property is:

Accepted Answer

Valid between the parties but unenforceable against third parties who later acquire rights in the same property without notice

Answer

La. R.S. 9:2756 and La. C.C. art. 1839 provide that unrecorded transfers are effective between the parties but cannot be set up against third parties who acquire rights by onerous title without notice.

Question 5

A Louisiana 'bond for deed' contract is best described as:

Accepted Answer

A contract for the sale of immovable property where the seller retains title until the buyer completes installment payments

Answer

La. R.S. 9:2941 defines a bond for deed as a contract for the sale of immovable property in which the seller retains title until the purchaser pays the agreed price.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Property Law 5