The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-14

The Community or Partnership Of Aequets and
Gains.
Arr. 1859 Every marriage contracted in this State
peEnduces Of right, partnership community Of aeQues
between persons who Afterwards here to i've also
subjected 70 the community Of acqne with respect 70 aeh
property as is acquired after their arrival
This community consists Of the profits Of all the
property Of which the husband has the administrs-
ton, Of the produce Of the ind ustry Of both hus
4 band and wife, and of all property purchased du-
ring the marriage in the name Of both or either.
1t is the period of the purchase, and not the person
who buys, which regulates its destination. The
debts contracted duFng the marriage are to be paid
out Of this property while the debts of either hus
band or wife prior to the marriage are to be paid
out of the separate property of each. The hus-
band is the active partner and has the control of
all its property, and can sell any portion without
the consent of the wife II it should prove that
he has sold the common estate or otherwise dispo-
sed Of it to defraud and injure the wife, she will
have an action against the heirs Of the husband to
recover the value of her half.
AT the death of either husband or wife, all the
effects found in their possession are presumed to
belong to the community, which presumption,
however, gives way TO proof
AT the death of either of the spouses, the COM
munty is at once dissolved, and does not exist be-
tween the survivor and the heirs of the deceased
But the survivor and the representative of the de-
ceased withdraw the separate property of each.
The effects OF the community are appropriated first
to the payment of the partnership debts, and the
surplus is equally divided. Ii the separate prop
erty of either has been enhanced in value by the
industry OF the other spouse, that increased value
belongs to the community.
The wife and her heirs have the right of accept
ing or rejecting the community. This ia done within
thirty days after the making of an inventory OF the
common estate. This inventory she must cause to
made, and must apply to the Judge for nm order to
notary and she or her heirs must see that tits done
The wife who neglecs 10 have an inventory made,
or who disposes Of, secretes any portion Of the
community property, loses the right of renouncng
the community. The effect of remuneration is to
release the wife from the debts and to forfeit her
interest in the effects of the community.
BY the statute Of 1874, the surviving spouse has
the usnfruct of the community property during life,
in the event Of there being children, during the
widowbood of the survivor
One of the married couple may, either by mar.
riage contract or by WILL in the event of there be-
ing Children give to the other all that he or she
could give TO a stranger.
In case the donor leaves children, or legitimate
descendants, he can give to the other tenth part
in full property, or the usufruct of one-filth
A man or woman who contracts second mar.
rage, having children by former one, can give to
The second spouse only the least child's portion, in
usuiruct, and that must not exceed one fifth of his
estate. And all property inherited by the survivor
from the children Of the first marriage, is reserved
for the other children of that marriage
The Marital Portion.-Shoud either husband or
wife die rich leaving the other in necessitous cir.
cumstances, the survivor may claim one fourth part
OF the estate of the deceased spouse
We have thus given, in brief, the law of Louisi-
ana on this important relation. 1t is exceedingly
complicated, and but little understood among our
citizens. Many of the ladies imagine that their
husbands cannot sell their real estate without con-
sent of their wives and we have seen wives pout
very prettily on the subject Now, with all defer.
snee TO them, we will only refer all wives to the
law as it exists. We shall show, TO- morrow, the
actual operation of the law.