CHAPTER 2–THE LEGAL REGIME OF COMMUNITY OF ACQUETS AND GAINS SECTION 1–GENERAL DISPOSITIONS Art. 2334. Persons; scope of application of the legal regime. The legal regime of community of acquets and gains applies to spouses domiciled in this state, regardless of their domicile at the time of marriage or the place of celebration of the […]
Art. 2335. Classification of property Property of married persons is either community or separate, except as provided in Article 2341.1. Acts 1979, No. 709, §1; Acts 1991, No. 329, §1.
Art. 2336. Ownership of community property Each spouse owns a present undivided one-half interest in the community property. Nevertheless, neither the community nor things of the community may be judicially partitioned prior to the termination of the regime. During the existence of the community property regime, the spouses may, without court approval, voluntarily partition the […]
Art. 2337. Disposition of undivided interest. A spouse may not alienate, encumber, or lease to a third person his undivided interest in the community or in particular things of the community prior to the termination of the regime. Acts 1979, No. 709, §1.
Art. 2338. Community property. The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits […]
Art. 2339. Fruits and revenues of separate property The natural and civil fruits of the separate property of a spouse, minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community property. Nevertheless, a spouse may reserve them as his separate property as […]
Art. 2340. Presumption of community. Things in the possession of a spouse during the existence of a regime of community of acquets and gains are presumed to be community, but either spouse may prove that they are separate property. Acts 1979, No. 709, §1.
Art. 2341. Separate property. The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with […]
Art. 2341.1. Acquisition of undivided interests; separate and community property A. A spouse’s undivided interest in property otherwise classified as separate property under Article 2341 remains his separate property regardless of the acquisition of other undivided interests in the property during the existence of the legal regime, the source of improvements thereto, or by whom […]
Art. 2342. Declaration of acquisition of separate property A. A declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse may be controverted by the other spouse unless he concurred in the act. It may also be controverted by the forced heirs and the creditors […]
Art. 2343. Donation by spouse of interest in community. The donation by a spouse to the other spouse of his undivided interest in a thing forming part of the community transforms that interest into separate property of the donee. Unless otherwise provided in the act of donation, an equal interest of the donee is also […]
Art. 2343.1. Transfer of separate property to the community. The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title […]
Art. 2344. Offenses and quasi-offenses; damages as community or separate property. Damages due to personal injuries sustained during the existence of the community by a spouse are separate property. Nevertheless, the portion of the damages attributable to expenses incurred by the community as a result of the injury, or in compensation of the loss of […]
Art. 2345. Satisfaction of obligation during community. A separate or community obligation may be satisfied during the community property regime from community property and from the separate property of the spouse who incurred the obligation. Acts 1979, No. 709, §1.
