Jacques and his wife Celeste are married and own a home in Shreveport that was purchased during their marriage. They have agreed to sell the property and have signed a purchase agreement with a buyer. At closing, Celeste refuses to sign the Act of Sale. What is the most likely legal outcome under Louisiana law?
Correct Answer
B) The sale cannot be completed because both spouses must sign to convey community immovable property
Under Louisiana Civil Code Art. 2347, neither spouse may alienate, encumber, or lease community immovable property without the concurrence of the other spouse. Because the Shreveport home was acquired during the marriage, it is presumed community property under Civil Code Art. 2340. Celeste's refusal to sign the Act of Sale means the transfer cannot be completed — both spouses' signatures are required for a valid conveyance of community immovable property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.
Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.
Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.
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