Vivienne owns a home in Metairie as her separate property, acquired before her marriage to Henri. She now wants to sell the property. Henri refuses to sign any documents, claiming he has community property rights in the home. Which of the following is the most accurate statement of Louisiana law?
Correct Answer
A) Vivienne may sell without Henri's signature because separate property requires only the owning spouse's consent to transfer
Under Louisiana Civil Code Art. 2347, only community immovable property requires both spouses' signatures for alienation. Separate immovable property may be sold by the owning spouse alone without the other spouse's concurrence. Since Vivienne acquired the home before marriage, it is her separate property under Art. 2341, and she alone has the authority to convey it.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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