Declaration of Paraphernality

///Declaration of Paraphernality
Declaration of Paraphernality2019-04-23T17:06:09+00:00

 Declaration of Paraphernality

Declarations of Paraphernality : Reserving Fruits and Revenues of Separate Property in Louisiana

Generally speaking, the law considers the fruits and revenues of separate property community property of a marriage.  For example, the purchase of a rental property before marriage. The rent payments received during the marriage from that rental property would generally be considered community property.  Even if the property itself is classified as separate property. In order to protect your property rights from becoming co-owned by your spouse in Louisiana you will need a Declaration of Paraphernality.

Fruits and revenues of separate property

The Louisiana civil code does allow an individual to reserve these revenues or “fruits” of separate property through a written declaration.  We commonly call these instruments declarations of paraphernality.  These contracts modify the matrimonial regime. When properly executed allow for the revenues and fruits of separate property to be classified as separate property.  Louisiana Civil Code Article 2339, entitled “Fruits and revenues of separate property” provides:

“The natural and civil fruits of the separate property of a spouse, minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community property.  Nevertheless, a spouse may reserve them as his separate property as provided in this article.

A spouse may reserve them as his separate property by a declaration made in an authentic act or in an act under private signature duly acknowledged.  The attorney will provide a copy of the declaration to the other spouse prior to filing.

Immovables

As to the fruits and revenues of immovables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the immovable property is located.  As to the fruits of movables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the declarant is domiciled.”

Declaration of Paraphernality

La. C.C. Art. 2339

It is of note that although the law doesn’t require the consent of the other spouse, the article states that the filing spouse must provide a copy of the declaration to the other spouse and be filed in the conveyance records of at least one parish.  This article contains some very subtle complexities that have been the subject of debate in recent years.  In order to execute an effective declaration under this article, contact an attorney.

Contacting a Louisiana Separate Property Lawyer at the Weiser Law Firm today at 504-358-2273.