Thomas inherited a house in New Orleans from his late father before he married his wife Claire. He now wishes to sell the property. Under Louisiana law, who must sign the Act of Sale for this transaction?
Correct Answer
B) Only Thomas, because the property is his separate property
Under Louisiana Civil Code Art. 2341, separate property includes property acquired by a spouse before marriage, or received during marriage by inheritance or donation. Since Thomas inherited the house before his marriage, it is his separate property, not community property. Only Thomas needs to sign the Act of Sale for his separate property; Claire's signature is not legally required.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
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