A listing agent is preparing an act of sale for a property owned by Renée and her husband, Claude, as community property. Claude is out of the country and unavailable to sign. Renée insists she can sign alone because her name appears first on the title. What should the agent advise?
Correct Answer
C) Both spouses must sign the act of sale because community property requires both spouses' consent to transfer
Under Louisiana Civil Code Art. 2347, neither spouse may alienate, encumber, or lease community immovable property without the concurrence of the other spouse. An act of sale conveying community immovable property requires both spouses' signatures. The order of names on a title has no legal significance regarding this requirement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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