Michael J. Downing and Sandra M. Downing - Page 27

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          A.  General Rules; Statutes                                                 
               Louisiana law provides that “A matrimonial regime[15] may be           
          legal, contractual, or partly legal and partly contractual.”                
          Art. 2326.  Under Louisiana law, “The legal regime of community             
          of acquets and gains applies to spouses domiciled in this state”            
          (art. 2334), and “Each spouse owns a present undivided one-half             
          interest in the community property”, art. 2336.  As a result, a             
          Louisiana married person under the legal regime is taxable under            
          Federal law on one-half the earnings of his or her spouse.                  
          United States v. Mitchell, 403 U.S. 190 (1971); see Case of                 
          Hamner, 411 So.2d 567, 568-569 (La. App. 1st Cir. 1982), revd. on           
          a different issue 427 So.2d 1188 (La. 1983).                                
               The “legal” regime is commonly referred to as “community               
          property”.  The “contractual” regime alternative referred to in             
          article 2326, is authorized in article 2328, as follows:                    
                    A matrimonial agreement is a contract establishing                
               a regime of separation of property or modifying or                     
               terminating the legal regime.  Spouses are free to                     
               establish by matrimonial agreement a regime of                         
               separation of property or modify the legal regime as                   
               provided by law.  The provisions of the legal regime                   
               that have not been excluded or modified by agreement                   
               retain their force and effect.                                         
               Under article 2331--                                                   


               15  Art. 2325 provides the following definition:                       
                    A matrimonial regime is a system of principles and                
               rules governing the ownership and management of the                    
               property of married persons as between themselves and                  
               toward third persons.                                                  





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