Louisiana Civil Code

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SECTION 3 - TERMINATION OF THE COMMUNITY

Art. 2356. 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. [Acts 1979, No. 709, §1; Acts 1990, No. 989, §2, eff. Jan. 1, 1991]

Art. 2357. 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. [Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991]

Art. 2357.1. [Blank]

Art. 2358. A spouse may have a claim against the other spouse for reimbursement in accordance with the following Articles.

A claim for reimbursement may be asserted only after termination of the community property regime, unless otherwise provided by law. [Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1]

Art. 2358.1. Reimbursement shall be made from the patrimony of the spouse who owes reimbursement. [Acts 1990, No. 991, §1]

Art. 2359. An obligation incurred by a spouse may be either a community obligation or a separate obligation. [Acts 1979, No. 709, §1]

Art. 2360. 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. [Acts 1979, No. 709, §1]

Art. 2361. 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. [Acts 1979, No. 709, §1]

Art. 2362. An alimentary obligation imposed by law on a spouse is deemed to be a community obligation. [Acts 1979, No. 709, §1]

Art. 2362.1. A. An obligation incurred before the date of a judgment of divorce for attorney fees and costs in an action for divorce and in incidental actions is deemed to be a community obligation. [Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1]

B. Notwithstanding the provisions of Paragraph A of this Article, the court may assess attorney fees and costs in an action for divorce granted pursuant to Article 103(4) or (5) and in incidental actions thereafter against the perpetrator of abuse, which shall be a separate obligation of the perpetrator. [Acts 2015, No. 221, §1, eff. Aug. 1, 2015]

Art. 2363. 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 resulting from an intentional wrong or an obligation incurred for the separate property of a spouse is likewise a separate obligation to the extent that it does not benefit both spouses, the family, or the other spouse. [Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1]

Art. 2364. If community property has been used during the existence of the community property regime or former community property has been used thereafter to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used. [Acts 1979, No. 709, §1; Acts 2009, No. 204, §1]

Art. 2364.1. [Repealed. Acts 2009, No. 204, §3]

Art. 2365. If separate property of a spouse has been used either during the existence of the community property regime or thereafter to satisfy a community obligation, that spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used.

If the community obligation was incurred to acquire ownership or use of a community corporeal movable required by law to be registered, and separate property of a spouse has been used after termination to satisfy that obligation, the reimbursement claim shall be reduced in proportion to the value of the claimant's use after termination of the community property regime. The value of that use and the amount of the claim for reimbursement accrued during the use are presumed to be equal.

The liability of a spouse who owes reimbursement is limited to the value of his share of all community property 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, or education of children of either spouse in keeping with the economic condition of the spouses, the spouse is entitled to reimbursement from the other spouse regardless of the value of that spouse's share of all community property. [Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1]

Art. 2366. If community property has been used during the existence of the community property regime or former community property has been used thereafter for the acquisition, use, improvement, or benefit of the separate property of a spouse, the other spouse is entitled to reimbursement for 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 property belong to the owner of the ground. The other spouse is entitled to reimbursement for one-half of the amount or value that the community property had at the time it was used. [Acts 1979, No. 709, §1; Acts 1984, No. 933, §1; Acts 2009, No. 204, §1]

Art. 2367. If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of community property, that spouse 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 the spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations.

Buildings, other constructions permanently attached to the ground, and plantings made on community property with separate property of a spouse during the existence of the community property regime are community property. The spouse whose separate property was used is entitled to reimbursement for one-half of the amount or value that the separate 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 all community property after deduction of all community obligations. [Acts 1979, No. 709, §1; Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1]

Art. 2367.1. If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of the other spouse's separate property, the spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used.

Buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate property of the other spouse belong to the owner of the ground. The spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used. [Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1]

Art. 2367.2. When a spouse with his own separate property 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. [Acts 1984, No. 933, §1; Acts 2009, No. 204, §1]

Art. 2367.3. If a spouse uses separate property during the existence of the community property regime to satisfy the separate obligation of the other spouse, the spouse whose property was used is entitled to reimbursement for the amount or value the property had at the time it was used. [Acts 2009, No. 204, §1]

Art. 2368. 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. [Acts 1979, No. 709, §1]

Art. 2369. 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. [Acts 1979, No. 709, §1]

Art. 2369.1. 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. [Acts 1990, No. 991, §1; Acts 1995, No. 433, §1]

Art. 2369.2. Each spouse owns an undivided one-half interest in former community property and its fruits and products. [Acts 1995, No. 433, §1]

Art. 2369.3. 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. [Acts 1995, No. 433, §1]

Art. 2369.4. 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. [Acts 1995, No. 433, §1]

Art. 2369.5. A spouse may alienate, encumber, or lease a movable issued or registered in his name as provided by law. [Acts 1995, No. 433, §1]

Art. 2369.6. 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. [Acts 1995, No. 433, §1]

Art. 2369.7. 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. [Acts 1995, No. 433, §1]

Art. 2369.8. 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. [Acts 1995, No. 433, §1]