Monday, July 9, 2007


I have seen all, I have heard all, I have forgotten all.

Marie Antoinette

Personal Property de CP

General Rule: either spouse may act alone

Exception: furnishing/clothing of the dwelling/CP household. The non consenting party spouse may void such a transfer in its entirety at any time during or after marriage and need not return the transferee's purchase price.

Real Property de CP
If CP is titled in one spouse's name only and that spouse misrepresents his marital status to an innocent transferee, the non consenting spouse has 1 year in which to bring an action to void the transfer. Transfers to BFP are presumed valid.
---> presumption can be overcome by demonstrating that she did not in any way consent to, or participate in, the transfer .
--->must return purchase money

Property Liable for Debts:
General Rule: All CP and the debtor's SP are liable for a debt she incurred before pr during marriage.
Exception:
CP earnings of the non debtor spouse are not liable for the debtor's premarital obligation only as long as those earnings are held in a deposit account in which the debtor has no right of withdrawal.
Exception de exception:
necessaries.



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