Category: Division of Property Statutes

Art. 2369.7 Court Authorization To Act Alone

Art. 2369.7.  Court authorization to act alone 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 [..]

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Art. 2369.8 Right to Partition

Art. 2369.8.  Right to partition; no exclusion by agreement; judicial partition 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 [..]

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Art. 2374 Judgment of Separation of Property

Art. 2374.  Judgment of separation of property A. When the interest of a spouse in a community property regime is threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the affairs of the other spouse, he may obtain a judgment decreeing separation of property. [..]

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Art. 2375 Effect of Judgment

Art. 2375.  Effect of judgment A. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or [..]

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Art. 2376 Release of Inferior Mortgages

Art. 2376.  Release of inferior mortgages The sheriff shall give the purchaser a release from the security interest, mortgage, lien, or privilege of the seizing creditor, and from all inferior security interests, mortgages, liens, and privileges, and he shall direct the recorder of mortgages or proper filing officer to cancel their inscriptions in so far [..]

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