Key Takeaways
- Louisiana is a community property state
- Property acquired during marriage is presumed community
- Both spouses must sign for community immovable property transfers
- Marriage contracts can alter default regime
- Marital status must be stated in every deed
Last updated: January 2026
Marriage and Community Property
Louisiana's community property regime significantly impacts real estate transactions and notarial practice.
Default Matrimonial Regime
In Louisiana, the default is community property. Without a marriage contract stating otherwise, property acquired during marriage belongs to both spouses equally.
Property Classifications in Marriage
| Type | Description | Ownership |
|---|---|---|
| Community Property | Acquired during marriage | Both spouses equally |
| Separate Property | Owned before marriage | Individual spouse |
| Separate Property | Inherited/donated during marriage | Individual spouse |
| Fruits of Separate | May be community or separate | Depends on circumstances |
Presumption of Community
If a person is married and there is no mention of status in a deed, the property is presumed community, and both spouses must sign for valid transfer.
Required Disclosures in Deeds
Every deed must state:
| Required Information | Purpose |
|---|---|
| Marital Status | Determines who must sign |
| Community or Separate | Identifies property character |
| Spouse's Name | If married, even if separate |
Examples of Proper Recitals
| Status | Deed Language |
|---|---|
| Single | "John Smith, a single person" |
| Married Community | "John Smith and Jane Smith, husband and wife" |
| Married Separate | "John Smith, married to Jane Smith, acquiring as his separate property" |
| Widowed | "John Smith, a widower" |
| Divorced | "John Smith, a divorced person" |
Both Spouses Must Sign
For community immovable property:
| Action | Requires Both Signatures |
|---|---|
| Sale | Yes |
| Mortgage | Yes |
| Lease (over 3 years) | Yes |
| Donation | Yes |
Marriage Contracts
Couples can alter the default community regime through a marriage contract:
| Aspect | Details |
|---|---|
| When | Before or during marriage |
| Form | Authentic act required |
| Effect | Can establish separate property regime |
| Recording | Must be recorded for effect on third parties |
Termination of Community
Community property ends upon:
| Event | Effect |
|---|---|
| Death | 1/2 to survivor, 1/2 to succession |
| Divorce | Partition required |
| Judgment of Separation | Terminates community |
| Marriage Contract | If modified during marriage |
Practical Notary Considerations
| Situation | Notary Must... |
|---|---|
| Both spouses present | Obtain both signatures |
| One spouse only | Require power of attorney from absent spouse |
| Unclear status | Verify marital status before proceeding |
| Title in one name | Check if community or separate |
On the Exam
- Default regime: Community property
- Presumption: If married, property is presumed community
- Both spouses sign: Required for community immovables
- Marriage contract: Must be in authentic form
Test Your Knowledge
In Louisiana, if a married person purchases property and no mention is made of separate or community status:
A
B
C
D
Test Your Knowledge
A marriage contract in Louisiana must be in what form?
A
B
C
D