Category: Division of Property Statutes

Art. 2336 Ownership of Community Property

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 [..]

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Art. 2338 Community Property

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 [..]

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Art. 2339 Fruits & Revenues of 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 as [..]

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Art. 2341 Separate Property

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 [..]

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Art. 2341.1 Acquisition of Undivided Interests

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 [..]

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