Matrimonial Regimes and Community Property 1 Flashcards

Under Louisiana's community property regime, how are the fruits and revenues produced by a spouse's separate property classified?

Answer: As community property belonging to both spouses

Under La. C.C. art. 2339, the fruits and revenues of a spouse's separate property are classified as community property during the existence of the community regime. This means rental income from a separately owned building, for example, falls into the community.

Which of the following best describes separate property under Louisiana's community property regime?

Answer: An inheritance received by one spouse individually during the marriage

Under La. C.C. art. 2341, property inherited by or donated to one spouse individually, even during the marriage, is classified as that spouse's separate property, not community property.

Under Louisiana law, what is required for spouses who have been married for more than one year to modify or terminate their matrimonial regime?

Answer: A joint petition to a court and a judicial finding that the change serves their best interests

Under La. C.C. art. 2329, after the first year of marriage spouses may modify or terminate their matrimonial regime only upon joint petition and a court finding that the change serves their best interests and that both spouses understand the governing rules.

Under Louisiana's community property regime, which of the following generally requires the concurrence of BOTH spouses?

Answer: Alienating, encumbering, or leasing a community immovable

Under La. C.C. art. 2347, the alienation, encumbrance, or lease of community immovables (real property) requires the written concurrence of both spouses, reflecting the serious long-term impact such transactions have on the community.

Under Louisiana law, what is the general rule regarding each spouse's management authority over community property?

Answer: Each spouse acting alone has the right to manage, control, and dispose of community property, subject to legal exceptions

Under La. C.C. art. 2346, each spouse has equal and independent management authority over community property. Either spouse may act alone on most community matters, with specific exceptions such as transactions involving immovables.

When one spouse dies while Louisiana's community property regime is in effect, what happens to that spouse's share of the community?

Answer: The community terminates and the deceased spouse's undivided one-half interest passes through succession

Death terminates the community regime. The deceased spouse's undivided one-half interest in community property does not automatically vest in the survivor; instead it passes according to the decedent's will or Louisiana intestate succession law.