LA NOTARY Study Guide 2026

Under Louisiana Civil Code Article 1536, a donation inter vivos of immovable property or incorporeal things must be made by an authentic act, under the penalty of absolute nullity. An authentic act is one executed before a notary public in the presence of two witnesses.

Louisiana Civil Code Article 536 provides that when a usufruct covers consumable things such as money or food, the usufructuary may consume them but must restore things of the same quantity, quality, and value, or their value if restoration in kind is impossible, at the end of the usufruct.

La. Civ. Code art. 2331 requires that a matrimonial agreement be made by authentic act, which under La. Civ. Code art. 1833 requires a notary and two witnesses. This formality is mandatory for the agreement to be enforceable.

Spouses may modify their matrimonial regime during marriage through a joint petition approved by the court.

When partition in kind (physical division) is legally excluded, such as when the property cannot be conveniently divided without a significant loss in value, the law provides for partition by licitation. This means the property is sold, often through a public sale like a sheriff's sale. The proceeds from this sale are then divided among the co-owners according to their respective ownership shares.

A pact de non alienando is a contractual agreement by which the mortgagor agrees not to sell or encumber the mortgaged property to the prejudice of the mortgagee. This allows the mortgagee to proceed with foreclosure via executory process directly against the original mortgagor, even if the property has been sold to a third party.