Louisiana Civil Code

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SECTION 2 - MANAGEMENT OF COMMUNITY PROPERTY

Art. 2346. Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law. [Acts 1979, No. 709, §1]

Art. 2347. A. The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables, standing, cut, or fallen timber, 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.

B. The concurrence of both spouses is required to harvest community timber. [Acts 1979, No. 709, §1; Acts 2001, No. 558, §1]

Art. 2348. 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. [Acts 1979, No. 709, §1; Amended by Acts 1981, No. 132, §1; Acts 1984, No. 554, §1, eff. Jan. 1, 1985; Acts 1984, No. 622, §1, eff. Jan. 1, 1985]

Art. 2349. 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. [Acts 1979, No. 709, §1]

Art. 2350. 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. [Acts 1979, No. 709, §1]

Art. 2351. A spouse has the exclusive right to manage, alienate, encumber, or lease movables issued or registered in his name as provided by law. [Acts 1979, No. 709, §1]

Art. 2352. 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. [Acts 1979, No. 709, §1; Acts 1993, No. 475, §1, eff. June 9, 1993]

Art. 2353. 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. [Acts 1979, No. 709, §1]

Art. 2354. A spouse is liable for any loss or damage caused by fraud or bad faith in the management of the community property. [Acts 1979, No. 709, §1]

Art. 2355. 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. [Acts 1979, No. 709, §1; Acts 1990, No. 989, §2, eff. Jan. 1, 1991]

Art. 2355.1. 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. [Acts 1990, No. 989, §2, eff. Jan. 1, 1991]

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