A Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed is a legal document that outlines the terms and conditions of the separation and division of assets for a married couple in Baton Rouge, Louisiana. This agreement is specifically applicable when there are no children involved, no jointly owned properties or debts, and a divorce action has been filed. The purpose of this agreement is to provide a clear and comprehensive resolution for the couple's marital and financial affairs, ensuring a smooth and amicable separation process. It serves as a legally binding contract that defines the rights, obligations, and responsibilities of both parties involved. Typically, a Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed includes the following key elements: 1. Identification of the parties: The agreement will clearly state the names and contact information of both spouses. 2. Divorce action details: It will detail the specifics of the divorce action that has been filed, including case number and court jurisdiction. 3. Effective date: The agreement will establish the effective date from which the terms and conditions are applicable. 4. Separation of assets: This section will outline how the couple's assets, including bank accounts, investments, real estate, and personal belongings, shall be divided between the parties. 5. Debt allocation: If there are any outstanding debts, this agreement will address how the debts should be allocated between the spouses. 6. Spousal support: In some cases, this agreement may include provisions for spousal support or alimony payments, if applicable. 7. Insurance coverage: If either spouse had health, life, or any other insurance coverage, the agreement will specify the terms regarding the continuation or termination of such policies. 8. Legal representation: This section may state that both parties have had the opportunity to consult with legal counsel and that both parties fully understand and voluntarily agree to the terms of the agreement. It is important to note that there may be different variations or multiple versions of a Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed in Baton Rouge, Louisiana. These variations may exist due to differences in circumstances, state laws, or preferences of the parties involved. It is always advisable for individuals seeking a separation agreement to consult with a qualified attorney who specializes in family law to ensure their specific needs are addressed appropriately.
- US Legal Forms
- Localized Forms
- Louisiana
- Baton Rouge
-
Louisiana Marital Domestic Separation and Property Settlement...
Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed
Description
Related forms
Related legal definitions
How to fill out Baton Rouge Louisiana Marital Domestic Separation And Property Settlement Agreement For Persons With No Children, No Joint Property Or Debts Where Divorce Action Filed?
If you’ve already utilized our service before, log in to your account and download the Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed on your device by clicking the Download button. Make sure your subscription is valid. If not, renew it in accordance with your payment plan.
If this is your first experience with our service, follow these simple actions to obtain your file:
- Make certain you’ve found a suitable document. Look through the description and use the Preview option, if any, to check if it meets your needs. If it doesn’t fit you, utilize the Search tab above to get the appropriate one.
- Purchase the template. Click the Buy Now button and choose a monthly or annual subscription plan.
- Register an account and make a payment. Use your credit card details or the PayPal option to complete the purchase.
- Obtain your Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed. Choose the file format for your document and save it to your device.
- Fill out your sample. Print it out or take advantage of professional online editors to fill it out and sign it electronically.
You have regular access to every piece of paperwork you have purchased: you can locate it in your profile within the My Forms menu anytime you need to reuse it again. Take advantage of the US Legal Forms service to rapidly find and save any template for your personal or professional needs!
Form Rating
Form popularity
FAQ
Abandonment by one spouse for at least 12 months. physical or sexual abuse by one spouse toward the other, or one of the couple's children. separation for at least two years, or. separation for at least one years (or, 18 months if there are minor children), from the date of separation, if the couple is legally
In matrimonial law, abandonment is a form of marital misconduct which occurs when one spouse brings the cohabitation to an end (1) without justification, (2) without consent, and (3) without intention of renewing the marital relationship.
The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation. It is not required for a divorce in North Carolina, and it doesn't make a divorce in North Carolina easier or more difficult to obtain.
In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But there's a catch ? the opposing party will have to agree to sign.
If you can't agree about changing the agreement and you've tried mediation, you might have to go court. The court can set aside (cancel) part of it, or even all of it, and replace it with a court order.
In Virginia, you can only get an agreement overturned if you can prove two things: (1) that there was duress (like, you were forced into signing it, like if he held you at gunpoint), and (2) that the agreement was unconscionable (no reasonable person would have signed that agreement).
In an effort to protect both sides of a lawsuit, Louisiana law rules a case automatically abandoned ?when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years?? La. C.C.P. art. 561.
The answer is yes. Separation agreements can be changed or overturned by the court.
In Louisiana, any assets that you will acquire during the subsistence of marriage is considered community property unless otherwise classified as separate property. Under this system, both spouses are entitled to equal share(50-50) of the interest in all assets acquired during marriage.
Baton Rouge Louisiana Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed Related Searches
-
what is the fastest way to get a divorce in louisiana
-
what is a wife entitled to in a divorce in louisiana
-
louisiana separation laws
-
louisiana divorce timeline
-
louisiana divorce laws 2021
-
louisiana community property statute of limitations
-
louisiana community property settlement form
-
how to prove separation in louisiana
-
what is the fastest way to get a divorce in louisiana
-
what is a wife entitled to in a divorce in louisiana
Interesting Questions
A Marital Domestic Separation and Property Settlement Agreement is a legally binding document that outlines the division of assets and property between two spouses who are separating or divorcing.
While not mandatory, having a Marital Domestic Separation and Property Settlement Agreement ensures clarity and avoids potential disputes or misunderstandings regarding the division of any assets or property.
The agreement typically covers the equitable distribution of any assets, property, bank accounts, retirement funds, and personal belongings acquired during the marriage.
The division of assets and property can be agreed upon by both parties. It's advisable to seek legal advice to ensure a fair and equitable settlement.
Once both parties agree and sign the agreement, it becomes legally binding. However, in certain circumstances, modifications can be made by mutual agreement or through court intervention.
Consulting an attorney is highly recommended. They can help ensure that all legal requirements are met and that the agreement is fair, protecting your interests.
More info
Trusted and secure by over 3 million people of the world’s leading companies
-
No results found.
-
Louisiana
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
District of Columbia
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Maine
-
Maryland
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Dakota
-
Tennessee
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
General Summary: The parties may enter into a community property or other matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.
A marital agreement shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.
Louisiana Revised Statutes
TITLE 9 CIVIL CODE ANCILLARIES
CHAPTER 1. DIVORCE
PART V. INJUNCTIONS AND INCIDENTAL ORDERS
Possession and use of the family residence or community movables
or immovables:
A. When the family residence is the separate property of
either spouse, after the filing of a petition for divorce or in conjunction
therewith, the spouse who has physical custody or has been awarded temporary
custody of the minor children of the marriage may petition for, and a court
may award to that spouse, after a contradictory hearing, the use and occupancy
of the family residence and use of community movables or immovables pending
the partition of the community property or one hundred eighty days after
termination of the marriage, whichever occurs first. In these cases, the
court shall inquire into the relative economic status of the spouses, including
both community and separate property, and the needs of the children, if
any, and shall award the use and occupancy of the family residence and
the use of any community movables or immovables to the spouse in accordance
with the best interest of the family. The court shall consider the granting
of the occupancy of the family home and the use of community movables or
immovables in awarding alimony or child support.
B. When the family residence is community property, after the filing of a petition for divorce or in conjunction therewith or after filing a petition for separation of property in accordance with Civil Code Article 2374 or in conjunction spouses, after a contradictory hearing, the use and occupancy of the family residence and use of community movables or immovables to either of the spouses pending further order of the court. In these cases, the court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, if any, and shall award the use and occupancy of the family residence and the use of any community movables or immovables to the spouse in accordance with the best interest of the family. If applicable, the court shall consider the granting of the occupancy of the family home and the use of community movables or immovables in awarding spousal support or child support.
C. A spouse who uses and occupies or is awarded by the court the use and occupancy of the family residence pending either the termination of the marriage or the partition of the community property in accordance with the provisions of R.S. 9:374 (A) or (B) shall not be liable to the other spouse for rental for the use and occupancy, unless otherwise agreed by the spouses or ordered by the court.
D. The court may determine whether the family home is separate or community property in the contradictory hearing authorized under the provisions of this Section. Section 9:374.
Louisisana Civil Code
TITLE III. OBLIGATIONS IN GENERAL
CHAPTER 5. PROOF OF OBLIGATIONS
Authentic act:
An authentic act is a writing executed before a notary public or
other officer authorized to perform that function, in the presence of two
witnesses, and signed by each party who executed it, by each witness, and
by each notary public before whom it was executed.
To be an authentic act, the writing need not be executed at one time or place, or before the same notary public or in the presence of the same witnesses, provided that each party who executes it does so before a notary public or other officer authorized to perform that function, and in the presence of two witnesses and each party, each witness, and each notary public signs it.
If a party is unable or does not know how to sign his name, the notary public must cause him to affix his mark to the writing. Art. 1833.
Authentic act constitutes full proof between parties and heirs:
An authentic act constitutes full proof of the agreement it contains,
as against the parties, their heirs, and successors by universal or particular
title. Art. 1835.
TITLE IV. CONVENTIONAL OBLIGATIONS OR CONTRACTS
CHAPTER 4. VICES OF CONSENT
SECTION 1. ERROR
Testimonial or other evidence not admitted to disprove a writing:
Testimonial or other evidence may not be admitted to negate or
vary the contents of an authentic act or an act under private signature.
Nevertheless, in the interest of justice, that evidence may be admitted
to prove such circumstances as a vice of consent, or a simulation, or to
prove that the written act was modified by a subsequent and valid oral
agreement. Art. 1848.
Vitiated consent:
Consent may be vitiated by error, fraud, or duress. Art.
1948.
SECTION 4. LESION
Lesion:
A contract may be annulled on grounds of lesion only in those cases provided by law. Art. 1965.
TITLE VI. MATRIMONIAL REGIMES
CHAPTER 1. GENERAL PRINCIPLES
Matrimonial regime;
A matrimonial regime is a system of principles and rules governing
the ownership and management of the property of married persons as between
themselves and toward third persons. Art. 2325.
Kinds of matrimonial regimes;
A matrimonial regime may be legal, contractual, or partly legal
and partly contractual. Art. 2326.
Legal regime:
The legal regime is the community of acquets and gains established
in Chapter 2 of this Title. Art. 2327.
Contractual regime; matrimonial agreement:
A matrimonial agreement is a contract establishing a regime of
separation of property or modifying or terminating the legal regime. Spouses
are free to establish by matrimonial agreement a regime of separation of
property or modify the legal regime as provided by law. The provisions
of the legal regime that have not been excluded or modified by agreement
retain their force and effect. Art. 2328.
Exclusion or modification of matrimonial regime:
Spouses may enter into a matrimonial agreement before or during
marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval. Art. 2329.
Limits of contractual freedom:
Spouses may not by agreement before or during marriage, renounce
or alter the marital portion or the established order of succession. Nor
may the spouses limit with respect to third persons the right that one
spouse alone has under the legal regime to obligate the community or to
alienate, encumber, or lease community property. Art. 2330.
Form of matrimonial agreement: A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses. Art. 2331.
Effect toward third persons:
A matrimonial agreement, or a judgment establishing a regime of
separation of property is effective toward third persons as to immovable
property, when filed for registry in the conveyance records of the parish
in which the property is situated and as to movables when filed for registry
in the parish or parishes in which the spouses are domiciled. Art.
2332.
Minors: Unless fully emancipated, a minor may not enter into a matrimonial agreement without the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person. Art. 2333.
CHAPTER 2. THE LEGAL REGIME OF COMMUNITY OF ACQUETS AND GAINS
SECTION 1. GENERAL DISPOSITIONS
Persons; scope of application of the legal regime.
The legal regime of community of acquets and gains applies to spouses
domiciled in this state, regardless of their domicile at the time of marriage
or the place of celebration of the marriage. Art. 2334.
Classification of property:
Property of married persons is either community or separate, except
as provided in Article 2341.1. Art. 2335.
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 community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332. Art. 2336.
Disposition of undivided interest:
A spouse may not alienate, encumber, or lease to a third person
his undivided interest in the community or in particular things of the
community prior to the termination of the regime. Art. 2337.
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
of community property; damages awarded for loss or injury to a thing belonging
to the community; and all other property not classified by law as separate
property. Art. 2338.
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 the value of the separate things
used; property acquired by a spouse by inheritance or donation to him individually;
damages awarded to a spouse in an action for breach of contract against
the other spouse or for the loss sustained as a result of fraud or bad
faith in the management of community property by the other spouse; damages
or other indemnity awarded to a spouse in connection with the management
of his separate property; and things acquired by a spouse as a result of
a voluntary partition of the community during the existence of a community
property regime. Art. 2341.
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 the property was managed, used, or enjoyed.
B. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate. Art. 2341.1.
SECTION 3. TERMINATION OF THE COMMUNITY
Causes of termination:
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. Art. 2356.
Satisfaction of obligation after termination of regime:
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. Art. 2357.
CHAPTER 3--SEPARATION OF PROPERTY REGIME
Separation of property regime:
A regime of separation of property is established by a matrimonial
agreement that excludes the legal regime of community of acquets and gains
or by a judgment decreeing separation of property. Art. 2370.
Expenses of the marriage:
Each spouse contributes to the expenses of the marriage as provided
in the matrimonial agreement. In the absence of such a provision, each
spouse contributes in proportion to his means. Art. 2373.
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 motion and rendition of judgment.
B. If a judgment has been rendered on the ground that the spouses
have lived separate and apart either after the filing of a petition for
divorce without having reconciled or for six months, a reconciliation reestablishes
the regime of community property between the spouses retroactively to the
day of the filing of the motion or petition therefor, unless prior to the
reconciliation the spouses execute a matrimonial agreement to the contrary.
This agreement need not be approved by the court and is effective toward
third persons when filed for registry in the manner provided by Article
2332. The reestablishment of the community is effective toward third persons
when a notice thereof is filed for registry in the same manner.
C. If a judgment is rendered on the ground that the spouses were
living separate and apart after the filing of a petition for divorce without
having reconciled, the judgment shall be effective retroactively to the
date the original petition for divorce was filed, without prejudice to
rights validly acquired in the interim between filing of the petition or
motion and rendition of judgment. All subsequent pleadings or motions involving
matters incidental to the divorce must be filed in the first filed suit.
Art. 2375.
Case Law:
The community property settlement agreement is in authentic form when it has been executed before a notary public and two witnesses in conformity with La.Civ. Code art. 1833. Therefore, under La.Civ. Code art. 1835 the document is full proof of the agreement between the contracting parties. Courts are bound to give legal effect to such written contracts according to the true intent of the parties, and this intent is to be determined by the words of the contract when they are clear, explicit, and lead to no absurd consequences. Oberfell v. Oberfell, 516 So.2d 424 (La.App. 1st Cir. 1987). The meaning and intent of the parties to a written contract must be sought within the four corners of the instrument and cannot be explained or contradicted by parol evidence. La.Civ. Code art. 1848; Oberfell v. Oberfell, 516 So.2d 424 (La.App. 1st Cir. 1987). However, when the terms of a contract are susceptible to more than one meaning, or there is uncertainty or ambiguity as to its provisions, or the intent of the parties cannot be ascertained from the language, parol evidence is admissible to clarify the ambiguity or show the intention of the parties. Hebert v. Neyrey, 432 So.2d 396 (La.App. 1st Cir. 1983), modified, 445 So.2d 1165 (La. 1984).
BUT, in cases where the terms of the community property settlement agreement do not itemize the specific property to be partitioned, this uncertainty regarding the inclusion of items, the trial judge may properly admitt parol evidence to determine whatitems the parties intended to divide. McCARROLL v. McCARROLL, 95 1972 (La.App. 1 Cir. 6/28/96); 680 So.2d 681
Lousiana, being a community property state, has rules and obligations which may be used to rescinf a voluntary community property settlement agreement where the shares are legally sufficiently disproportionate to trigger the law of "lesion" and give the party receiving the smaller share a right of action to reform the agreement. This right hinges on the "fair market value" of the "immovable" property (real estate, etc) at the time the agreement was reached between the parties. King v. King, 493 So.2d 679 (La.App. 2d Cir.), writ denied, 497 So.2d 316 (La. 1986).
A party seeking to rescind a community partition [property agreement] for lesion must prove "by strong and convincing evidence" the value of the community estate at the time of the settlement; and the value actually received from any conversion or transfer of community assets. Ozane v. Ozane, 392 So.2d 774 (La.App. 3rd Cir. 1980)
General Summary: The parties may enter into a community property or other matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.
A marital agreement shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.
Louisiana Revised Statutes
TITLE 9 CIVIL CODE ANCILLARIES
CHAPTER 1. DIVORCE
PART V. INJUNCTIONS AND INCIDENTAL ORDERS
Possession and use of the family residence or community movables
or immovables:
A. When the family residence is the separate property of
either spouse, after the filing of a petition for divorce or in conjunction
therewith, the spouse who has physical custody or has been awarded temporary
custody of the minor children of the marriage may petition for, and a court
may award to that spouse, after a contradictory hearing, the use and occupancy
of the family residence and use of community movables or immovables pending
the partition of the community property or one hundred eighty days after
termination of the marriage, whichever occurs first. In these cases, the
court shall inquire into the relative economic status of the spouses, including
both community and separate property, and the needs of the children, if
any, and shall award the use and occupancy of the family residence and
the use of any community movables or immovables to the spouse in accordance
with the best interest of the family. The court shall consider the granting
of the occupancy of the family home and the use of community movables or
immovables in awarding alimony or child support.
B. When the family residence is community property, after the filing of a petition for divorce or in conjunction therewith or after filing a petition for separation of property in accordance with Civil Code Article 2374 or in conjunction spouses, after a contradictory hearing, the use and occupancy of the family residence and use of community movables or immovables to either of the spouses pending further order of the court. In these cases, the court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, if any, and shall award the use and occupancy of the family residence and the use of any community movables or immovables to the spouse in accordance with the best interest of the family. If applicable, the court shall consider the granting of the occupancy of the family home and the use of community movables or immovables in awarding spousal support or child support.
C. A spouse who uses and occupies or is awarded by the court the use and occupancy of the family residence pending either the termination of the marriage or the partition of the community property in accordance with the provisions of R.S. 9:374 (A) or (B) shall not be liable to the other spouse for rental for the use and occupancy, unless otherwise agreed by the spouses or ordered by the court.
D. The court may determine whether the family home is separate or community property in the contradictory hearing authorized under the provisions of this Section. Section 9:374.
Louisisana Civil Code
TITLE III. OBLIGATIONS IN GENERAL
CHAPTER 5. PROOF OF OBLIGATIONS
Authentic act:
An authentic act is a writing executed before a notary public or
other officer authorized to perform that function, in the presence of two
witnesses, and signed by each party who executed it, by each witness, and
by each notary public before whom it was executed.
To be an authentic act, the writing need not be executed at one time or place, or before the same notary public or in the presence of the same witnesses, provided that each party who executes it does so before a notary public or other officer authorized to perform that function, and in the presence of two witnesses and each party, each witness, and each notary public signs it.
If a party is unable or does not know how to sign his name, the notary public must cause him to affix his mark to the writing. Art. 1833.
Authentic act constitutes full proof between parties and heirs:
An authentic act constitutes full proof of the agreement it contains,
as against the parties, their heirs, and successors by universal or particular
title. Art. 1835.
TITLE IV. CONVENTIONAL OBLIGATIONS OR CONTRACTS
CHAPTER 4. VICES OF CONSENT
SECTION 1. ERROR
Testimonial or other evidence not admitted to disprove a writing:
Testimonial or other evidence may not be admitted to negate or
vary the contents of an authentic act or an act under private signature.
Nevertheless, in the interest of justice, that evidence may be admitted
to prove such circumstances as a vice of consent, or a simulation, or to
prove that the written act was modified by a subsequent and valid oral
agreement. Art. 1848.
Vitiated consent:
Consent may be vitiated by error, fraud, or duress. Art.
1948.
SECTION 4. LESION
Lesion:
A contract may be annulled on grounds of lesion only in those cases provided by law. Art. 1965.
TITLE VI. MATRIMONIAL REGIMES
CHAPTER 1. GENERAL PRINCIPLES
Matrimonial regime;
A matrimonial regime is a system of principles and rules governing
the ownership and management of the property of married persons as between
themselves and toward third persons. Art. 2325.
Kinds of matrimonial regimes;
A matrimonial regime may be legal, contractual, or partly legal
and partly contractual. Art. 2326.
Legal regime:
The legal regime is the community of acquets and gains established
in Chapter 2 of this Title. Art. 2327.
Contractual regime; matrimonial agreement:
A matrimonial agreement is a contract establishing a regime of
separation of property or modifying or terminating the legal regime. Spouses
are free to establish by matrimonial agreement a regime of separation of
property or modify the legal regime as provided by law. The provisions
of the legal regime that have not been excluded or modified by agreement
retain their force and effect. Art. 2328.
Exclusion or modification of matrimonial regime:
Spouses may enter into a matrimonial agreement before or during
marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval. Art. 2329.
Limits of contractual freedom:
Spouses may not by agreement before or during marriage, renounce
or alter the marital portion or the established order of succession. Nor
may the spouses limit with respect to third persons the right that one
spouse alone has under the legal regime to obligate the community or to
alienate, encumber, or lease community property. Art. 2330.
Form of matrimonial agreement: A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses. Art. 2331.
Effect toward third persons:
A matrimonial agreement, or a judgment establishing a regime of
separation of property is effective toward third persons as to immovable
property, when filed for registry in the conveyance records of the parish
in which the property is situated and as to movables when filed for registry
in the parish or parishes in which the spouses are domiciled. Art.
2332.
Minors: Unless fully emancipated, a minor may not enter into a matrimonial agreement without the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person. Art. 2333.
CHAPTER 2. THE LEGAL REGIME OF COMMUNITY OF ACQUETS AND GAINS
SECTION 1. GENERAL DISPOSITIONS
Persons; scope of application of the legal regime.
The legal regime of community of acquets and gains applies to spouses
domiciled in this state, regardless of their domicile at the time of marriage
or the place of celebration of the marriage. Art. 2334.
Classification of property:
Property of married persons is either community or separate, except
as provided in Article 2341.1. Art. 2335.
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 community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332. Art. 2336.
Disposition of undivided interest:
A spouse may not alienate, encumber, or lease to a third person
his undivided interest in the community or in particular things of the
community prior to the termination of the regime. Art. 2337.
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
of community property; damages awarded for loss or injury to a thing belonging
to the community; and all other property not classified by law as separate
property. Art. 2338.
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 the value of the separate things
used; property acquired by a spouse by inheritance or donation to him individually;
damages awarded to a spouse in an action for breach of contract against
the other spouse or for the loss sustained as a result of fraud or bad
faith in the management of community property by the other spouse; damages
or other indemnity awarded to a spouse in connection with the management
of his separate property; and things acquired by a spouse as a result of
a voluntary partition of the community during the existence of a community
property regime. Art. 2341.
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 the property was managed, used, or enjoyed.
B. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate. Art. 2341.1.
SECTION 3. TERMINATION OF THE COMMUNITY
Causes of termination:
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. Art. 2356.
Satisfaction of obligation after termination of regime:
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. Art. 2357.
CHAPTER 3--SEPARATION OF PROPERTY REGIME
Separation of property regime:
A regime of separation of property is established by a matrimonial
agreement that excludes the legal regime of community of acquets and gains
or by a judgment decreeing separation of property. Art. 2370.
Expenses of the marriage:
Each spouse contributes to the expenses of the marriage as provided
in the matrimonial agreement. In the absence of such a provision, each
spouse contributes in proportion to his means. Art. 2373.
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 motion and rendition of judgment.
B. If a judgment has been rendered on the ground that the spouses
have lived separate and apart either after the filing of a petition for
divorce without having reconciled or for six months, a reconciliation reestablishes
the regime of community property between the spouses retroactively to the
day of the filing of the motion or petition therefor, unless prior to the
reconciliation the spouses execute a matrimonial agreement to the contrary.
This agreement need not be approved by the court and is effective toward
third persons when filed for registry in the manner provided by Article
2332. The reestablishment of the community is effective toward third persons
when a notice thereof is filed for registry in the same manner.
C. If a judgment is rendered on the ground that the spouses were
living separate and apart after the filing of a petition for divorce without
having reconciled, the judgment shall be effective retroactively to the
date the original petition for divorce was filed, without prejudice to
rights validly acquired in the interim between filing of the petition or
motion and rendition of judgment. All subsequent pleadings or motions involving
matters incidental to the divorce must be filed in the first filed suit.
Art. 2375.
Case Law:
The community property settlement agreement is in authentic form when it has been executed before a notary public and two witnesses in conformity with La.Civ. Code art. 1833. Therefore, under La.Civ. Code art. 1835 the document is full proof of the agreement between the contracting parties. Courts are bound to give legal effect to such written contracts according to the true intent of the parties, and this intent is to be determined by the words of the contract when they are clear, explicit, and lead to no absurd consequences. Oberfell v. Oberfell, 516 So.2d 424 (La.App. 1st Cir. 1987). The meaning and intent of the parties to a written contract must be sought within the four corners of the instrument and cannot be explained or contradicted by parol evidence. La.Civ. Code art. 1848; Oberfell v. Oberfell, 516 So.2d 424 (La.App. 1st Cir. 1987). However, when the terms of a contract are susceptible to more than one meaning, or there is uncertainty or ambiguity as to its provisions, or the intent of the parties cannot be ascertained from the language, parol evidence is admissible to clarify the ambiguity or show the intention of the parties. Hebert v. Neyrey, 432 So.2d 396 (La.App. 1st Cir. 1983), modified, 445 So.2d 1165 (La. 1984).
BUT, in cases where the terms of the community property settlement agreement do not itemize the specific property to be partitioned, this uncertainty regarding the inclusion of items, the trial judge may properly admitt parol evidence to determine whatitems the parties intended to divide. McCARROLL v. McCARROLL, 95 1972 (La.App. 1 Cir. 6/28/96); 680 So.2d 681
Lousiana, being a community property state, has rules and obligations which may be used to rescinf a voluntary community property settlement agreement where the shares are legally sufficiently disproportionate to trigger the law of "lesion" and give the party receiving the smaller share a right of action to reform the agreement. This right hinges on the "fair market value" of the "immovable" property (real estate, etc) at the time the agreement was reached between the parties. King v. King, 493 So.2d 679 (La.App. 2d Cir.), writ denied, 497 So.2d 316 (La. 1986).
A party seeking to rescind a community partition [property agreement] for lesion must prove "by strong and convincing evidence" the value of the community estate at the time of the settlement; and the value actually received from any conversion or transfer of community assets. Ozane v. Ozane, 392 So.2d 774 (La.App. 3rd Cir. 1980)