Louisiana Civil Code

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Art. 2432. 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. [Acts 1979, No. 710, §1]

Art. 2433. 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. [Acts 1979, No. 710, §1]

Art. 2434. 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. [Acts 1979, No. 710, §1; Acts 1987, No. 289, §1]

Art. 2435. 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. [Acts 1979, No. 710, §1]

Art. 2436. The right of the surviving spouse to claim the marital portion is personal and nonheritable. This right prescribes three years from the date of death. [Acts 1979, No. 710, §1]

Art. 2437. 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. [Acts 1979, No. 710, §1]

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