The Practicing Notary, Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public

TITLE VI. MATRIMONIAL REGIMES
CHAPTER 1. GENERAL PRINCIPLES

Art. 2325. Matrimonial regime
A matrimonial regime is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons.

Art. 2326. Kinds of matrimonial regimes
A matrimonial regime may be legal, contractual, or partly legal and partly contractual.

Art. 2327. Legal regime
The legal regime is the community of acquets and gains established in Chapter 2 of this Title.

Art. 2328. Contractual regime; matrimonial agreement
A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.

Art. 2329. Exclusion or modification of matrimonial regime
Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.

Art. 2330. Limits of contractual freedom
Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.

Art. 2331. Form of matrimonial agreement
A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.

Art. 2332. Effect toward third persons
A matrimonial agreement, or a judgment establishing a regime of separation of property is effective toward third persons as to immovable property, when filed for registry in the conveyance records of the parish in which the property is situated and as to movables when filed for registry in the parish or parishes in which the spouses are domiciled.

Art. 2333. Minors
Unless fully emancipated, a minor may not enter into a matrimonial agreement without the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person.
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 marriage.

Art. 2335. Classification of property
Property of married persons is either community or separate, except as provided in Article 2341.1.

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 community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332.

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.

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 of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.

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 by a declaration made in an authentic act or in an act under private signature duly acknowledged.
As to the fruits and revenues of immovables, the declaration is effective when filed for registry in the conveyance records of the parish in which the immovable property is located. As to fruits of movables, the declaration is effective when filed for registry in the conveyance records of the parish in which the declarant is domiciled.

Art. 2340. Presumption of community
Things in the possession of a spouse during the existence of a regime of community of[fn1] acquets and gains are presumed to be community, but either spouse may prove that they are separate property.
[fn1] The word "of" has been added on authority of LSA-R.S. 24:253.

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 the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.

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 the property was managed, used, or enjoyed.
B. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate.

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 of the spouses, despite the concurrence by the other spouse.
B. Nevertheless, when there has been such a declaration, an alienation, encumbrance, or lease of the thing by onerous title, during the community regime or thereafter, may not be set aside on the ground of the falsity of the declaration.
C. (1) The provision of this Article that prohibits setting aside an alienation, encumbrance, or lease on the ground of the falsity of the declaration of separate property is hereby made retroactive to any such alienation, encumbrance, or lease prior to July 21, 1982.
(2) A person who has a right to set aside such transactions on the ground of the falsity of the declaration, which right is not prescribed or otherwise extinguished or barred upon July 21, 1982, and who is adversely affected by the provisions of this Article, shall have six months from July 21, 1982 to initiate proceedings to set aside such transactions or otherwise be forever barred from exercising such right or cause of action. Nothing contained in this Article shall be construed to limit or prescribe any action or proceeding which may arise between spouses under the provisions of this Article.

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 transformed into separate property and the natural and civil fruits of the thing, and minerals produced from or attributed to the property given as well as bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, form part of the donee's separate property.

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 must be made in writing and a transfer by gratuitous title must be made by authentic act.

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 community earnings, is community property. If the community regime is terminated otherwise than by the death of the injured spouse, the portion of the damages attributable to the loss of earnings that would have accrued after termination of the community property regime is the separate property of the injured spouse.

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.
SECTION 2 MANAGEMENT OF COMMUNITY PROPERTY

Art. 2346. Management of community property
Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.

Art. 2347. Alienation of community property; concurrence of other spouse
The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables, furniture or furnishings while located in the family home, all or substantially all of the assets of a community enterprise and movables issued or registered as provided by law in the names of the spouses jointly.

Art. 2348. Renunciation of right to concur
A spouse may expressly renounce the right to concur in the alienation, encumbrance, or lease of a community immovable or some or all of the community immovables, or community immovables which may be acquired in the future, or all or substantially all of a community enterprise. He also may renounce the right to participate in the management of a community enterprise. The renunciation may be irrevocable for a stated term not to exceed three years. Further, any renunciation of the right to concur in the alienation, encumbrance, or lease of a community immovable, or some or all of the community immovables or community immovables which may be acquired in the future, or all or substantially all of a community enterprise which was proper in form and effective under the law at the time it was made shall continue in effect for the stated term not to exceed three years or if there was no term stated, then until it is revoked.
A spouse may nonetheless reserve the right to concur in the alienation, encumbrance, or lease of specifically described community immovable property.

Art. 2349. Donation of community property; concurrence of other spouse
The donation of community property to a third person requires the concurrence of the spouses, but a spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.

Art. 2350. Alienation of movable assets of business
The spouse who is the sole manager of a community enterprise has the exclusive right to alienate, encumber, or lease its movables unless the movables are issued in the name of the other spouse or the concurrence of the other spouse is required by law.

Art. 2351. Alienation of registered movables
A spouse has the exclusive right to manage, alienate, encumber, or lease movables issued or registered in his name as provided by law.

Art. 2352. Management and disposition of partnership and limited liability company interest
A spouse who is a partner has the exclusive right to manage, alienate, encumber, or lease the partnership interest.
A spouse who is a member has the exclusive right to manage, alienate, encumber, or lease the limited liability company interest.

Art. 2353. Unauthorized alienation of community property
When the concurrence of the spouses is required by law, the alienation, encumbrance, or lease of community property by a spouse is relatively null unless the other spouse has renounced the right to concur. Also, the alienation, encumbrance, or lease of the assets of a community enterprise by the non-manager spouse is a relative nullity.

Art. 2354. Liability for fraud or bad faith
A spouse is liable for any loss or damage caused by fraud or bad faith in the management of the community property.

Art. 2355. Judicial authorization to act without the consent of the other spouse
A spouse, in a summary proceeding, may be authorized by the court to act without the concurrence of the other spouse upon showing that such action is in the best interest of the family and that the other spouse arbitrarily refuses to concur or that concurrence may not be obtained due to the physical incapacity, mental incompetence, commitment, imprisonment, temporary absence of the other spouse, or because the other spouse is an absent person.

Art. 2355.1. Judicial authorization to manage the community
When a spouse is an absent person, the other spouse, upon showing that such action is in the best interest of the family, may be authorized by the court in a summary proceeding to manage, alienate, encumber, or lease community property that the absent spouse has the exclusive right to manage, alienate, encumber, or lease.
SECTION 3. TERMINATION OF THE COMMUNITY

Art. 2356. Causes of termination
The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community.

Art. 2357. Satisfaction of obligation after termination of regime
An obligation incurred by a spouse before or during the community property regime may be satisfied after termination of the regime from the property of the former community and from the separate property of the spouse who incurred the obligation. The same rule applies to an obligation for attorney's fees and costs in an action for divorce incurred by a spouse between the date the petition for divorce was filed and the date of the judgment of divorce that terminates the community regime.
If a spouse disposes of property of the former community for a purpose other than the satisfaction of community obligations, he is liable for all obligations incurred by the other spouse up to the value of that community property.
A spouse may by written act assume responsibility for one-half of each community obligation incurred by the other spouse. In such case, the assuming spouse may dispose of community property without incurring further responsibility for the obligations incurred by the other spouse.

Art. 2358. Claims for reimbursement between spouses
Upon termination of a community property regime, a spouse may have a claim against the other spouse for reimbursement in accordance with the following provisions.

Art. 2358.1. Source of reimbursement
Reimbursement shall be made from the patrimony of the spouse who owes reimbursement.

Art. 2359. Obligations; community or separate
An obligation incurred by a spouse may be either a community obligation or a separate obligation.

Art. 2360. Community obligation
An obligation incurred by a spouse during the existence of a community property regime for the common interest of the spouses or for the interest of the other spouse is a community obligation.

Art. 2361. Obligations incurred during marriage; presumption
Except as provided in Article 2363, all obligations incurred by a spouse during the existence of a community property regime are presumed to be community obligations.

Art. 2362. Alimentary obligation
An alimentary obligation imposed by law on a spouse is deemed to be a community obligation.

Art. 2362.1. Obligation incurred in an action for divorce
An obligation for attorney's fees and costs in an action for divorce incurred before the date of the judgment of divorce that terminates the community property regime is a community obligation of that regime.

Art. 2363. Separate obligation
A separate obligation of a spouse is one incurred by that spouse prior to the establishment of a community property regime, or one incurred during the existence of a community property regime though not for the common interest of the spouses or for the interest of the other spouse. An obligation incurred after termination of a community property regime, except an obligation incurred for attorney's fees and costs under Article 2362.1, is a separate obligation.
An obligation resulting from an intentional wrong not perpetrated for the benefit of the community, or an obligation incurred for the separate property of a spouse to the extent that it does not benefit the community, the family, or the other spouse, is likewise a separate obligation.

Art. 2364. Satisfaction of separate obligation with community property
If community property has been used to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement upon termination of the community property regime for one-half of the amount or value that the property had at the time it was used.

Art. 2365. Satisfaction of community obligation with separate property
If separate property of a spouse has been used to satisfy a community obligation, that spouse, upon termination of the community property regime, is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used. The liability of a spouse who owes reimbursement is limited to the value of his share in the community after deduction of all community obligations.
Nevertheless, if the community obligation was incurred for the ordinary and customary expenses of the marriage, or for the support, maintenance, and education of children of either spouse in keeping with the economic condition of the community, the spouse is entitled to reimbursement from the other spouse regardless of the value of that spouse's share of the community.

Art. 2366. Use of community property for the benefit of separate property
If community property has been used for the acquisition, use, improvement, or benefit of the separate property of a spouse, the other spouse is entitled upon termination of the community to one-half of the amount or value that the community property had at the time it was used.
Buildings, other constructions permanently attached to the ground, and plantings made on the separate property of a spouse with community assets belong to the owner of the ground. Upon termination of the community, the other spouse is entitled to one-half of the amount or value that the community assets had at the time they were used.

Art. 2367. Use of separate property for the benefit of community property
If separate property of a spouse has been used for the acquisition, use, improvement, or benefit of community property, that spouse upon termination of the community is entitled to one-half of the amount or value that the property had at the time it was used. The liability of the spouse who owes reimbursement is limited to the value of his share in the community after deduction of all community obligations.
Buildings, other constructions permanently attached to the ground and plantings made on community property with separate assets of a spouse become community property. Upon termination of the community, the spouse whose assets were used is entitled to one-half of the amount or value that the separate assets had at the time they were used. The liability of the spouse who owes reimbursement is limited to the value of his share in the community after deduction of all community obligations.

Art. 2367.1. Improvements on separate property
Buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate assets of the other spouse belong to the owner of the ground. Upon alienation of the land, or termination of the community, the spouse whose assets were used is entitled to reimbursement for the amount or value that the assets had at the time they were used.

Art. 2367.2. Component parts of separate property
When a spouse with his own separate assets incorporates in or attaches to a separate immovable of the other spouse things that become component parts under Articles 465 and 466, Article 2367.1 applies.

Art. 2368. Increase of the value of separate property
If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.

Art. 2369. Accounting between spouses; prescription
A spouse owes an accounting to the other spouse for community property under his control at the termination of the community property regime.
The obligation to account prescribes in three years from the date of termination of the community property regime.

Art. 2369.1. Application of co-ownership provisions
After termination of the community property regime, the provisions governing co-ownership apply to former community property, unless otherwise provided by law or by juridical act.
When the community property regime terminates for a cause other than death or judgment of declaration of death of a spouse, the following Articles also apply to former community property until a partition, or the death or judgment of declaration of death of a spouse.

Art. 2369.2. Ownership interest
Each spouse owns an undivided one-half interest in former community property and its fruits and products.

Art. 2369.3. Duty to preserve; standard of care
A spouse has a duty to preserve and to manage prudently former community property under his control, including a former community enterprise, in a manner consistent with the mode of use of that property immediately prior to termination of the community regime. He is answerable for any damage caused by his fault, default, or neglect.
A community enterprise is a business that is not a legal entity.

Art. 2369.4. Alienation, encumbrance, or lease prohibited
A spouse may not alienate, encumber, or lease former community property or his undivided community interest in that property without the concurrence of the other spouse, except as provided in the following Articles. In the absence of such concurrence, the alienation, encumbrance, or lease is a relative nullity.

Art. 2369.5. Alienation of registered movables
A spouse may alienate, encumber, or lease a movable issued or registered in his name as provided by law.

Art. 2369.6. Alienation, encumbrance, or lease of movable assets of former community enterprise
The spouse who is the sole manager of a former community enterprise may alienate, encumber, or lease its movables in the regular course of business.

Art. 2369.7. Court authorization to act alone
A spouse may be authorized by the court in a summary proceeding to act without the concurrence of the other spouse, upon showing all of the following:
(1) The action is necessary.
(2) The action is in the best interest of the petitioning spouse and not detrimental to the interest of the nonconcurring spouse.
(3) The other spouse is an absent person or arbitrarily refuses to concur, or is unable to concur due to physical incapacity, mental incompetence, commitment, imprisonment, or temporary absence.

Art. 2369.8. Right to partition; no exclusion by agreement; judicial partition
A spouse has the right to demand partition of former community property at any time. A contrary agreement is absolutely null.
If the spouses are unable to agree on the partition, either spouse may demand judicial partition which shall be conducted in accordance with R.S. 9:2801.
CHAPTER 3. SEPARATION OF PROPERTY REGIME

Art. 2370. Separation of property regime
A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property.

Art. 2371. Management of property
Under the regime of separation of property each spouse acting alone uses, enjoys, and disposes of his property without the consent or concurrence of the other spouse.

Art. 2372. Necessaries
A spouse is solidarily liable with the other spouse who incurs an obligation for necessaries for himself or the family.

Art. 2373. Expenses of the marriage
Each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. In the absence of such a provision, each spouse contributes in proportion to his means.

Art. 2374. Judgment of separation of property
A. When the interest of a spouse in a community property regime is threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the affairs of the other spouse, he may obtain a judgment decreeing separation of property.
B. When a spouse is an absent person, the other spouse is entitled to a judgment decreeing separation of property.
C. When a petition for divorce has been filed, either spouse may obtain a judgment decreeing separation of property, by a rule to show cause and upon proof that the spouses have lived separate and apart without reconciliation for at least thirty days from the date of, or prior to, the filing of the petition for divorce and have not reconciled.
D. When the spouses have lived separate and apart continuously for a period of six months, a judgment decreeing separation of property shall be granted on the petition of either spouse.

Art. 2375. Effect of judgment
A. A judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment.
B. If a judgment has been rendered on the ground that the spouses have lived separate and apart either after the filing of a petition for divorce without having reconciled or for six months, a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of the filing of the motion or petition therefor, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner.
C. If, at the time a judgment is rendered on the ground that the spouses were living separate and apart after the filing of a petition for divorce without having reconciled, there is pending another action for divorce or nullity of the marriage, the judgment shall be effective retroactively to the date the earlier of the two petitions was filed, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment. All subsequent pleadings or motions involving matters incidental to the divorce must be filed in the first filed suit.

Art. 2376. Rights of creditors
The creditors of a spouse, by intervention in the proceeding, may object to the separation of property or modification of their matrimonial regime as being in fraud of their rights. They also may sue to annul a judgment of separation of property within one year from the date of the rendition of the final judgment. After execution of the judgment, they may assert nullity only to the extent that they have been prejudiced.

Arts. 2377 to 2381. [Blank]

Art. 2382. [Blank]

Arts. 2383 to 2397. [Blank]

Art. 2398. [Blank]

Arts. 2399 to 2431. [Blank]
CHAPTER 4. MARITAL PORTION

Art. 2432. Right to marital portion
When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse.

Art. 2433. Incident of marriage; charge on the succession
The marital portion is an incident of any matrimonial regime and a charge on the succession of the deceased spouse. It may be claimed by the surviving spouse, even if separated from the deceased, on proof that the separation occurred without his fault.

Art. 2434. Quantum
The marital portion is one-fourth of the succession in ownership if the deceased died without children, the same fraction in usufruct for life if he is survived by three or fewer children, and a child's share in such usufruct if he is survived by more than three children. In no event, however, shall the amount of the marital portion exceed one million dollars.

Art. 2435. Deduction of legacy
A legacy left by the deceased to the surviving spouse and payments due to him as a result of the death are deducted from the marital portion.

Art. 2436. Nonheritable right; prescription
The right of the surviving spouse to claim the marital portion is personal and nonheritable. This right prescribed three years from the date of death.

Art. 2437. Periodic allowance
When, during the administration of the succession, it appears that the surviving spouse will be entitled to the marital portion, he has the right to demand and receive a periodic allowance from the succession representative.
The amount of the allowance is fixed by the court in which the succession proceeding is pending. If the marital portion, as finally fixed, is less than the allowance, the surviving spouse is charged with the deficiency.

Art. 2325. Matrimonial regime A matrimonial regime is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons.

Art. 2326. Kinds of matrimonial regimes A matrimonial regime may be legal, contractual, or partly legal and partly contractual.

Art. 2327. Legal regime The legal regime is the community of acquets and gains established in Chapter 2 of this Title.

Art. 2331. Form of matrimonial agreement A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.

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 marriage.

Art. 2335. Classification of property Property of married persons is either community or separate, except as provided in Article 2341.1.

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.

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. SECTION 2 MANAGEMENT OF COMMUNITY PROPERTY

Art. 2346. Management of community property Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.

Art. 2351. Alienation of registered movables A spouse has the exclusive right to manage, alienate, encumber, or lease movables issued or registered in his name as provided by law.

Art. 2354. Liability for fraud or bad faith A spouse is liable for any loss or damage caused by fraud or bad faith in the management of the community property.

Art. 2356. Causes of termination The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community.

Art. 2358. Claims for reimbursement between spouses Upon termination of a community property regime, a spouse may have a claim against the other spouse for reimbursement in accordance with the following provisions.

Art. 2358.1. Source of reimbursement Reimbursement shall be made from the patrimony of the spouse who owes reimbursement.

Art. 2359. Obligations; community or separate An obligation incurred by a spouse may be either a community obligation or a separate obligation.

Art. 2360. Community obligation An obligation incurred by a spouse during the existence of a community property regime for the common interest of the spouses or for the interest of the other spouse is a community obligation.

Art. 2361. Obligations incurred during marriage; presumption Except as provided in Article 2363, all obligations incurred by a spouse during the existence of a community property regime are presumed to be community obligations.

Art. 2362. Alimentary obligation An alimentary obligation imposed by law on a spouse is deemed to be a community obligation.

Art. 2362.1. Obligation incurred in an action for divorce An obligation for attorney's fees and costs in an action for divorce incurred before the date of the judgment of divorce that terminates the community property regime is a community obligation of that regime.

Art. 2367.2. Component parts of separate property When a spouse with his own separate assets incorporates in or attaches to a separate immovable of the other spouse things that become component parts under Articles 465 and 466, Article 2367.1 applies.

Art. 2369.2. Ownership interest Each spouse owns an undivided one-half interest in former community property and its fruits and products.

Art. 2369.5. Alienation of registered movables A spouse may alienate, encumber, or lease a movable issued or registered in his name as provided by law.

Art. 2369.6. Alienation, encumbrance, or lease of movable assets of former community enterprise The spouse who is the sole manager of a former community enterprise may alienate, encumber, or lease its movables in the regular course of business.

Art. 2370. Separation of property regime A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property.

Art. 2371. Management of property Under the regime of separation of property each spouse acting alone uses, enjoys, and disposes of his property without the consent or concurrence of the other spouse.

Art. 2372. Necessaries A spouse is solidarily liable with the other spouse who incurs an obligation for necessaries for himself or the family.

Art. 2373. Expenses of the marriage Each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. In the absence of such a provision, each spouse contributes in proportion to his means.

Arts. 2377 to 2381. [Blank]

Art. 2382. [Blank]

Arts. 2383 to 2397. [Blank]

Art. 2398. [Blank]

Arts. 2399 to 2431. [Blank] CHAPTER 4. MARITAL PORTION

Art. 2432. Right to marital portion When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse.

Art. 2435. Deduction of legacy A legacy left by the deceased to the surviving spouse and payments due to him as a result of the death are deducted from the marital portion.

Art. 2436. Nonheritable right; prescription The right of the surviving spouse to claim the marital portion is personal and nonheritable. This right prescribed three years from the date of death.

Art. 2325. Matrimonial regime
A matrimonial regime is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons.

Art. 2326. Kinds of matrimonial regimes
A matrimonial regime may be legal, contractual, or partly legal and partly contractual.

Art. 2327. Legal regime
The legal regime is the community of acquets and gains established in Chapter 2 of this Title.

Art. 2331. Form of matrimonial agreement
A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.

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 marriage.

Art. 2335. Classification of property
Property of married persons is either community or separate, except as provided in Article 2341.1.

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.

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.
SECTION 2 MANAGEMENT OF COMMUNITY PROPERTY

Art. 2346. Management of community property
Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.

Art. 2351. Alienation of registered movables
A spouse has the exclusive right to manage, alienate, encumber, or lease movables issued or registered in his name as provided by law.

Art. 2354. Liability for fraud or bad faith
A spouse is liable for any loss or damage caused by fraud or bad faith in the management of the community property.

Art. 2356. Causes of termination
The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community.

Art. 2358. Claims for reimbursement between spouses
Upon termination of a community property regime, a spouse may have a claim against the other spouse for reimbursement in accordance with the following provisions.

Art. 2358.1. Source of reimbursement
Reimbursement shall be made from the patrimony of the spouse who owes reimbursement.

Art. 2359. Obligations; community or separate
An obligation incurred by a spouse may be either a community obligation or a separate obligation.

Art. 2360. Community obligation
An obligation incurred by a spouse during the existence of a community property regime for the common interest of the spouses or for the interest of the other spouse is a community obligation.

Art. 2361. Obligations incurred during marriage; presumption
Except as provided in Article 2363, all obligations incurred by a spouse during the existence of a community property regime are presumed to be community obligations.

Art. 2362. Alimentary obligation
An alimentary obligation imposed by law on a spouse is deemed to be a community obligation.

Art. 2362.1. Obligation incurred in an action for divorce
An obligation for attorney's fees and costs in an action for divorce incurred before the date of the judgment of divorce that terminates the community property regime is a community obligation of that regime.

Art. 2367.2. Component parts of separate property
When a spouse with his own separate assets incorporates in or attaches to a separate immovable of the other spouse things that become component parts under Articles 465 and 466, Article 2367.1 applies.

Art. 2369.2. Ownership interest
Each spouse owns an undivided one-half interest in former community property and its fruits and products.

Art. 2369.5. Alienation of registered movables
A spouse may alienate, encumber, or lease a movable issued or registered in his name as provided by law.

Art. 2369.6. Alienation, encumbrance, or lease of movable assets of former community enterprise
The spouse who is the sole manager of a former community enterprise may alienate, encumber, or lease its movables in the regular course of business.

Art. 2370. Separation of property regime
A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property.

Art. 2371. Management of property
Under the regime of separation of property each spouse acting alone uses, enjoys, and disposes of his property without the consent or concurrence of the other spouse.

Art. 2372. Necessaries
A spouse is solidarily liable with the other spouse who incurs an obligation for necessaries for himself or the family.

Art. 2373. Expenses of the marriage
Each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. In the absence of such a provision, each spouse contributes in proportion to his means.

Arts. 2399 to 2431. [Blank]
CHAPTER 4. MARITAL PORTION

Art. 2432. Right to marital portion
When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse.

Art. 2435. Deduction of legacy
A legacy left by the deceased to the surviving spouse and payments due to him as a result of the death are deducted from the marital portion.

Art. 2436. Nonheritable right; prescription
The right of the surviving spouse to claim the marital portion is personal and nonheritable. This right prescribed three years from the date of death.