LA Notary Matrimonial Regimes and Community Property 2 — Questions and Answers
Question 1: Under Louisiana's default matrimonial regime, which of the following is classified as community property?
- Property inherited by one spouse during the marriage
- Earnings from employment during the marriage (Correct answer)
- Property donated to one spouse individually
- Damages for personal injury of one spouse
Correct answer: Earnings from employment during the marriage
Employment earnings during the marriage are community property.
Louisiana Civil Code Article 2338 provides that community property includes property acquired during the marriage through the effort, skill, or industry of either spouse, and earnings from employment.
Question 2: What is a matrimonial agreement in Louisiana law?
- A prenuptial agreement only
- A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime (Correct answer)
- A divorce settlement
- A child custody agreement
Correct 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.
Louisiana Civil Code Articles 2328-2332 govern matrimonial agreements. Spouses may enter into such agreements before or during marriage. Agreements during marriage must be by joint petition approved by the court.
Question 3: Under Louisiana law, what happens to community property when spouses divorce?
- It automatically goes to the spouse who earned more
- It must be partitioned equally between the spouses (Correct answer)
- The court awards all property to the custodial parent
- Each spouse keeps whatever they physically possess
Correct answer: It must be partitioned equally between the spouses
Upon termination of the community, property must be divided equally.
Louisiana Civil Code Article 2336 provides that each spouse owns an undivided one-half interest. The partition can be done by agreement or by court order.
Question 4: Can one spouse unilaterally donate community property to a third party under Louisiana law?
- Yes, either spouse can freely donate community property
- No, a donation of community property requires the concurrence of both spouses (Correct answer)
- Only the husband can donate community property
- Only donations under $5,000 can be made unilaterally
Correct answer: No, a donation of community property requires the concurrence of both spouses
Donations of community property require both spouses' consent.
Louisiana Civil Code Article 2349 requires the concurrence of both spouses for a donation of community property, except for usual or customary gifts commensurate with the couple's economic position.
Question 5: What is separate property under Louisiana's community property regime?
- Property owned by a single person who is not married
- Property acquired by a spouse before marriage, or during marriage by donation or inheritance, or by exclusive separate funds (Correct answer)
- All property titled in one spouse's name only
- Property in a separate bank account
Correct 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.
Louisiana Civil Code Article 2341 defines separate property. The fruits and revenues of separate property are community property unless spouses agree otherwise.
Question 6: Under Louisiana law, what is a judicial separation of property?
- A legal separation preceding divorce
- A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement (Correct answer)
- Division of property after death
- A property tax exemption for separated couples
Correct 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.
Louisiana Civil Code Articles 2374-2376 provide for judicial separation of property. The court may grant separation retroactive to the date of the petition. The marriage continues but under a separation regime.
LA Notary Matrimonial Regimes and Community Property 2
Under Louisiana's default matrimonial regime, which of the following is classified as community property?