Louisiana Civil Code

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TITLE VI - MATRIMONIAL REGIMES

 

CHAPTER 1 - GENERAL PRINCIPLES

Art. 2325. 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. [Acts 1979, No. 709, §1]

Art. 2326. A matrimonial regime may be legal, contractual, or partly legal and partly contractual. [Acts 1979, No. 709, §1]

Art. 2327. The legal regime is the community of acquets and gains established in Chapter 2 of this Title. [Acts 1979, No. 709, §1]

Art. 2328. 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. [Acts 1979, No. 709, §1]

Art. 2329. 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. [Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §1]

Art. 2330. 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. [Acts 1979, No. 709, §1]

Art. 2331. 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. [Acts 1979, No. 709, §1]

Art. 2332. 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. [Acts 1979, No. 709, §1]

Art. 2333. 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. [Acts 1979, No. 709, §1]

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