Code I (Community Property)

Question 1

Legal Regime

Answer 1

default regime in Louisiana

Question 2

Contractual Regime

Answer 2

through matrimonial agreement (prenuptial or other)

Question 3

Ownership of Community Property

Answer 3

each spouse owns a present one-half undivided interest

Question 4

Real Subrogation

Answer 4

thing forming part of the separate property or community property is converted into another thing, the mass of the property is not diminished

New thing takes place of old

Question 5

Commingling

Answer 5

mixing of sep and comm funds does not result in ownership change UNLESS indiscriminate mingling rendering untraceable

Question 6

Community Assets Classification Scheme

Answer 6

all property acquired during the existence of the legal regime through:

effort, skill, or industry of either spouse

acquired w/community things or w/community & sep things

donated to spouses jointly

natural and civil fruits of comm prop

damages awarded for comm prop

Question 7

Separate Assets Classification Scheme

Answer 7

acquired prior to regime

acquired by spouse with sep and comm when comm value is inconsequential

inheritance to spouse individually or donation

damages to spouse individually

other

Question 8

Earnings

Answer 8

through effort, skill or industry of either is comm prop

Question 9

Fruits and revenues of separate prop

Answer 9

community unless spouse reserves as separate by recording reservation and providing spouse with copy of reservation PRIOR to filing

Question 10

Credit Acquisitions

Answer 10

down payment consisting entirely of separate funds and title and ownership transfer to buyer IMMEDIATELY is separate property

Question 11

Double Declaration

Answer 11

acquisition with separate funds as separate property may be controverted by other spouse unless concurred in act

If it was false (comm prop used) an alienation or encumbrance or lease of thing by ONEROUS title will not be set aside

Question 12

Defined Contribution Plans

Answer 12

Employee spouse’s contributions during regime determine share of comm property

Question 13

Defined benefit plan

Answer 13

Sims Formula

nonemployee’s interest in the pension is one-half of the community fraction

numerator of community fraction is portion attributable during regime and denominator is pension attributable to total service

Question 14

Life Insurance

Answer 14

separate property of named beneficiary

Question 15

Intellectual Property

Answer 15

revenue generated during regime = comm

outside of regime = separate

Question 16

Goodwill of Business

Answer 16

reputation, patronage, intangibles

community except to extend it is attributable to personal quality of spouse

Question 17

Alienation of Comm Prop

Answer 17

concurrence is required for alienation, encumbrance, or lease of community immovables

standing, cut or fallen timber; furniture or furnishing located in family home; all or sub all assets of community enterprise; and movables issued or registered in both names

Question 18

Donation of Comm Prop

Answer 18

to third party required concurrence of the spouses

usual or customary gift in economic position of spouse at time of donation is OKAY

Question 19

Ratification

Answer 19

spouse may ratify alienation, encumbrance, or lease by other spouse when not expressly renounced the right to concur

Question 20

Renunciation of right to concur

Answer 20

spouse may expressly renounce right to concur or participate in mgmt of comm prop enterprise

may be irrevocable for 3 years

Question 21

Judicial Authorization to Act

Answer 21

act without concurrence of other upon showing action is in best interest of family, spouse arbitrarily refuses to concur, or incapacity or absence of other spouse

Question 22

Exclusive right to Manage by sole spouse

Answer 22

alienation of movable of business (sole manager)

Registered movables (registered in name)

Mgmt and dispostion of partnership or LLC interest

Contractual Rights

Question 23

Termination of Legal Regime

Answer 23

1. death of spouse
2. declaration of nullity of marriage
3. matrimonial agreement
4. divorce of spouse
5. judgment of separation of property

Question 24

Separate Prop used for other Spouses Separate Property

Answer 24

spouse whose property was used is entitled to reimbursement

constructions permanently attached to land of spouse belong to owner of ground

Question 25

Separate Property Used for Community

Answer 25

satisfy comm obligation or comm benefit spouse entitled to reimbursement for 1/2 the amount

Question 26

Reimbursement Rules For Family Home

Answer 26

community funds used to repay purchase loan of spouses separate prop limit reimbursement to 1/2 funds to reduce principal INTEREST is not reimbursed

Question 27

Comm Prop used for Sep Prop

Answer 27

spouse entitled to reimbursement for 1/2 value

Question 28

Uncompensated Comm Labor Expended on Separate Prop

Answer 28

entitled to 1/2 increase in value

LOOK are there things outside labor that caused increase

Question 29

Voluntary Partition

Answer 29

whole or in part changes classification of things they partition does not change matrimonial regime

Question 30

Judicial Partition

Answer 30

AFTER termination of regime if spouses cant agree on the partition may demand judicial partition

Question 31

Judicial Partition Procedure

Answer 31

1. court classify all assets and obligations
2. spouses file sworn list of community assets and obligations w/in 45 days of service
3. 60 days to agree or disagree with list
4. at trial court values assets and allocates
5. if unequal judge awards equalizing payment

Question 32

Separate Obligations

Answer 32

acquired prior to regime OR during but neither for common interest or interest of other spouse

Question 33

Creditor’s rights DURING regime

Answer 33

separate or comm obligation may be satisfied from comm and separate property of spouse who incurred obligation

if comm prop used other may have claim for reimbursement

Question 34

Creditor’s Rights After Termination of Regime

Answer 34

obligation incurred by a spouse during or before regime may be satisfied by former comm and from separate prop of spouse who incurred obligation

Question 35

Revocatory Action by Creditor (partition)

Answer 35

creditor may bring action to annul voluntary partition of it causes or increases spouse-obligor’s insolvency

Question 36

Form Requirement of Matrimonial Agreement

Answer 36

authentic act or private signature duly acknowledged BEFORE marriage freely AFTER marriage w/ court approval

Question 37

Limits on Matrimonial Agreement

Answer 37

1. renounce or alter marital portion
2. renounce or alter established order of succession
3. limit 3ps right that one spouse alone has under to obligate community or alienate, encumber, or lease comm prop

Question 38

Grounds for Judgment of Separation of Property

Answer 38

1. mismanaging spouse (fraud, neglect, incompetence)
2. Absent person spouse
3. Divorcing spouse (separate and apart 30 days after filing)
4. physically separated spouses (6 months)

Question 39

Reconciliation Affect on Separate Prop

Answer 39

filing petition for divorce or 6 months apart reconciliation reinstates comm prop retroactively

Question 40

Marital Portion

Answer 40

spouse dies rich in comparison (5:1 or more) surviving spouse entitled to claim

1. no children = 1/4
2. three or fewer = 1/4 usufruct for life
3. 4 or more = usufruct of child’s share for life

never exceed $1m

legacy and payments due as a result of death (life insurance, SS, pension) are deduction from marital portion