Matrimonial Regimes and Community Property Flashcards
6 cards from real LA NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Matrimonial Regimes and Community Property flashcards as text
Under Louisiana's default matrimonial regime, which of the following is classified as community property?
Answer: Earnings from employment during the marriage
Employment earnings during the marriage are community property.
What is a matrimonial agreement in Louisiana law?
Answer: A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime
A matrimonial agreement can be entered into before or during marriage to modify the default community property regime.
Under Louisiana law, what happens to community property when spouses divorce?
Answer: It must be partitioned equally between the spouses
Upon termination of the community, property must be divided equally.
Can one spouse unilaterally donate community property to a third party under Louisiana law?
Answer: No, a donation of community property requires the concurrence of both spouses
Donations of community property require both spouses' consent.
What is separate property under Louisiana's community property regime?
Answer: Property acquired by a spouse before marriage, or during marriage by donation or inheritance, or by exclusive separate funds
Separate property includes pre-marriage property, inheritances, donations to one spouse, and property acquired with separate funds.
Under Louisiana law, what is a judicial separation of property?
Answer: A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement
Judicial separation of property allows a spouse to terminate the community regime during marriage if the other spouse's mismanagement threatens community interests.