FREE LA-Notary Matrimonial Regimes and Community Property Questions and Answers

Question 1

A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement. What is their legal matrimonial regime?

Accepted Answer

Community of acquets and gains.

Answer

Separate property by default.

Answer

Universal community.

Answer

Partnership of acquets and gains.

Question 2

John owned a rental property before his marriage to Mary. During the marriage, the rental income from this property is used to pay for family expenses. How is the rental income classified?

Accepted Answer

Community property.

Answer

John's separate property.

Answer

Mary's separate property.

Answer

Co-owned in indivision.

Question 3

A couple wishes to enter into a matrimonial agreement *after* they are married to modify their community property regime. What is required for this agreement to be valid?

Accepted Answer

An authentic act or an act under private signature duly acknowledged, and court approval.

Answer

A verbal agreement witnessed by two people.

Answer

An act under private signature.

Answer

An authentic act filed with the Secretary of State.

Question 4

A wife uses her separate funds to purchase immovable property during the marriage. To ensure the property is classified as her separate property, what must the act of acquisition contain?

Accepted Answer

A 'double declaration' stating the funds are her separate funds and she intends to acquire the property for her separate estate.

Answer

A statement that she is married and living with her husband.

Answer

The signature of her husband consenting to the purchase.

Answer

A clause stating the property is for investment purposes only.

Question 5

Which of the following events does NOT, by itself, terminate the community property regime?

Accepted Answer

The physical separation of the spouses who live in different residences.

Answer

Death of a spouse.

Answer

A judgment of divorce.

Answer

A judgment of separation from bed and board.

Question 6

During the marriage, community funds are used to pay off a mortgage on the husband's separate property. Upon termination of the community, what is the wife entitled to?

Accepted Answer

Reimbursement to the community for the full amount of community funds used.

Answer

Nothing, as the funds were used for a community benefit.

Answer

Full ownership of the husband's separate property.

Answer

Reimbursement to her for one-half of the community funds used.

Question 7

A husband wishes to sell a piece of community immovable property. What is required for the sale to be valid?

Accepted Answer

The concurrence of both spouses.

Answer

The husband's signature alone is sufficient.

Answer

A court order authorizing the sale.

Answer

The husband's signature, provided the property is titled in his name only.