Full question:
Spouse only was sued & received judgment. Separation of matrimonial regime filed. Is wife still responsible also after 10 years?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Louisiana
Answer:
Typically, a judgment may only be enforced against the defendants named in the judgment. However, the answer will depend in part on the nature of the debt that gave rise to the judgment, such as whether it was for an expense that benefitted both spouses. Both husband and wife are liable for community debts incurred during the marriage by the community. A community debt may be incurred with the signature of only one of the spouses. A separate debt is formed during marriage when the creditor has actual knowledge before the transaction that the debt is a separate debt.
The parties may agree as to the allocation of responsibility for the debts or the court will allocate them in accordance with law. However, creditors may not be bound by the parties' or courts' allocation of responsibility, and may choose to attempt to seek payment from the former spouse in event of default.
Under prior marital law, if a judgment of separation was obtained as a result of having filed a petition for divorce, the separation of property was retroactive to the date of filing the petition for divorce. However, this did not block enforecement of rights validly acquired in the interim by third parties. If the parties reconciled thereafter, the reconciliation and re-establishment of the community was retroactive to the date of the filing of the petition for divorce. Under the current marital law, separation of property is still retroactive to the date of filing the petition.
Please see the information at the following link:
http://www.meocpa.com/matrregm.html
The following are LA statutes:
Art. 2370. Separation of property regime
A regime of separation of property is established by a matrimonial
agreement that excludes the legal regime of community of acquets and
gains or by a judgment decreeing separation of property.
Art. 2375. Effect of judgment
A. Except as provided in Paragraph C of this Article, a
judgment decreeing separation of property terminates the
regime of community property retroactively to the day of the
filing of the petition or motion therefor, without prejudice
to rights validly acquired in the interim between filing of
the petition or motion and rendition of judgment.
B. If a judgment has been rendered on the ground that the
spouses have lived separate and apart either after the
filing of a petition for divorce without having reconciled
or for six months, a reconciliation reestablishes the regime
of community property between the spouses retroactively to
the day of the filing of the motion or petition therefor,
unless prior to the reconciliation the spouses execute a
matrimonial agreement to the contrary. This agreement need
not be approved by the court and is effective toward third
persons when filed for registry in the manner provided by
Article 2332. The reestablishment of the community is
effective toward third persons when a notice thereof is
filed for registry in the same manner.
C. If a judgment is rendered on the ground that the spouses
were living separate and apart after the filing of a
petition for divorce without having reconciled, the judgment
shall be effective retroactively to the date the original
petition for divorce was filed, without prejudice to rights
validly acquired in the interim between filing of the
petition or motion and rendition of judgment. All subsequent
pleadings or motions involving matters incidental to the
divorce must be filed in the first filed suit.
Art. 2332. Effect toward third persons
A matrimonial agreement, or a judgment establishing a regime of
separation of property is effective toward third persons as to immovable
property, when filed for registry in the conveyance records of the parish
in which the property is situated and as to movables when filed for
registry in the parish or parishes in which the spouses are domiciled.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
