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150 Cards in this Set

  • Front
  • Back
What matters can be included in a matrimonial agreement?
Anything not prohibited by public policy (Art. 2329)
When do spouses enter a matrimonial agreement during marriage?
When they want to modify or terminate the matrimonial regime (Art. 2329)
What is the procedure for getting a matrimonial agreement during marriage?
Joint petition
A court finding by the court that the agreement serves their best interest and that they understand the governing principles and rules (Art. 2329)
Do parties need to seek court approval for a matrimonial agreement that opts into the community property regime?
No (Art. 2329)
When do spouses not have to seek court approval for their matrimonial agreement?
When they opt into the community property regime
During the first year after moving into Louisiana and establishing a domicile here (Art. 2329)
What are things that spouses may not do in their matrimonial agreement?
Renounce or alter the marital portion
Renounce or alter the established order of succession
Alter equal management
(Art. 2330)
What is the form for a matrimonial agreement?
Authentic act
Act under private signature duly acknowledged by the spouses
(Art. 2331)
When is a matrimonial agreement that establishes separate property effective as to third persons?
For immovable property, when filed where the immovable property is located
For movables, when filed where the spouses are domiciled
(Art. 2332)
If a couple wasn't domiciled in Louisiana when they got married, but later established a domicile here, does the community property regime apply to them?
Yes (Art. 2334)
As a general rule, the property of married persons is either ___ or ___.
separate or community (prohibition on mixed titles, except as provided in Art. 2341.1; Art. 2335)
What is each spouse's ownership interest in the community property?
An undivided one-half interest in the community property (Art. 2336)
Can the community be judicially partitioned prior to the termination of the regime?
No (Art. 2336)
Can spouses voluntarily partition the community property (either in whole or in part) during the existence of the community regime?
Yes (Art. 2336)
Do spouses need court approval to voluntarily partition the community property during the existence of the community property regime?
No (Art. 2336)
What is the effect of spouses' voluntary partition of community property during the marriage?
The things become separate property (Art. 2336)
When is a voluntary partition of community property effective as to third persons?
When filed in the records -- for immovables, where the property is located; for movables, where the spouses are domiciled (Art. 2336)
Can a spouse alienate, encumber, or lease his interest in the community property regime prior to its termination?
No (Art. 2337)
What kind of property is community property?
(Art. 2338)
Anything not listed in Art. 2341 (a residual category), but some specific examples:
Property acquired with ESI
Property acquired with community things
Property acquired with a mixture of community and separate things, unless the community things are inconsequential (refers to Art. 2341)
Property donated to the spouses jointly
Natural and civil fruits of community property
Damages awarded for loss or injury to a community thing
Fruits of separate property (Art. 2339)
What is the classification of fruits of separate property?
Community property, unless reserve (Art. 2339)
What is the classification of mineral revenues from separate property?
Community property, unless reserved (Art. 2339)
How does a spouse make a reservation of fruits / mineral interests?
Authentic act or act under private signature duly acknowledged
Provide a copy to the other spouse before filing it
(Art. 2339)
When is a reservation of fruits effective?
NOTE: This is when it's effective, not when it's effective against third persons!
For fruits of immovables, when a copy is provided to the other spouse and the declaration is filed where the immovable property is located
For fruits of movables, when a copy is provided to the other spouse and the declaration is filed where the declarant is domiciled
(Art. 2339)
What is the presumption of community?
Things in possession of a spouse during the community property regime are presumed to be community
(Art. 2340)
Can the presumption of community be rebutted? How?
Yes. Either spouse may prove that the things are separate
(Art. 2340)
What property is separate property?
Property acquired before the community regime
Property acquired with separate things
Property acquired with a mixture of separate and community things, when the value of the community things is inconsequential in comparison to the value of the separate things used
Property acquired by inheritance or a donation to a spouse individually
Damages awarded to one spouse in an action for breach of contract against the other spouse for loss sustained as a result of fraudulent or bad-faith management of community property
Damages or indemnity awarded to a spouse in connection with the management of his separate property?
Things acquired by a spouse as a result of a voluntary partition of the community during the existence of the community regime
(Art. 2341)
What happens to the classification of separate property when a spouse has an undivided interest in the property, but the community later acquires more of an interest in the property?
It remains separate property, regardless of improvements to the property or the person who manages, uses, or enjoys the property (Art. 2341.1)
What ownership interest does each spouse have when there is a piece of property where an undivided interest is held as community property and an undivided interest is held as separate property?
Each spouse owns a present, undivided one-half interest in the community interest
The spouse who owns the separate interest holds it as his separate property
(Art. 2341.1)
What is the "double declaration" that the Code allows for today?
A spouse may put a declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse
(Art. 2342)
May a double declaration be controverted by the other spouse?
Yes, unless the other spouse concurred in the act
(Art. 2342)
Who else may controvert a double declaration?
Forced heirs and creditors of the spouses, regardless of whether the other spouse concurred
(Art. 2342)
Can the other spouse controvert a "double declaration"?
Yes, unless the other spouse concurred in the act (Art. 2342)
Who else can controvert a "double declaration"?
Forced heirs and creditors of the spouses, regardless of concurrence by the other spouse (Art. 2342)
May an alienation, lease, or encumbrance by onerous title be set aside on the grounds that the "double declaration" was false?
No; doesn't matter whether the transaction was during or after the community regime (Art. 2342)
True or false: The rule that prohibits onerous transactions from being set aside on the grounds that the double declaration was false is retroactive.
True (Art. 2342)
What is the effect when a spouse donates his community interest to the other spouse?
His interest in that thing becomes the donee spouse's separate property.
Unless otherwise provided in the donation, the donee spouse's interest is also transformed into separate property. (Art. 2343)
When a spouse donates his community interest in a thing to the other spouse, what is the classification of the fruits and mineral interests derived from that thing?
They're the donee spouse's separate property (Art. 2343)
True or false: A spouse may transfer his separate property to the other spouse, with the stipulation that it shall become community.
True (Art. 2343.1)
What is the form required for turning separate property into community?
For onerous title, must be in writing
For gratuitous title, must be by authentic act (Art. 2343.1)
What is the classification of personal injury damages sustained during the community?
They're separate property
(Art. 2344)
Can part of the damages incurred as a result of injury be classified as community property? If so, which parts?
Yes: the portion of the damages attributable to expenses incurred by the community as a result of the injury, or in compensation of the loss of community earnings (Art. 2344)
If the community property is terminated other than by the death of a spouse, what is the classification of the portion of the personal injury damages that is attributable to the loss of earnings that would have accrued after the community terminated?
They're separate property of the injured spouse
(Art. 2344)
What property may creditors use to satisfy a community obligation?
Community property and the separate property of the incurring spouse (Art. 2345)
What property may creditors use to satisfy a separate obligation?
Community property and the separate property of the incurring spouse (Art. 2345)
What is the rule of equal management?
Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law (Art. 2346)
What is the general rule of management of community property?
Equal management 9Art. 2346)
When is the concurrence of both spouses required in the management of community property?
Alienation, encumbrance, or lease of: community immovables, timber, furniture or furnishings while located in the family home, all or substantially all the assets of a community enterprise, movables issued or registered jointly in the spouses' names (Art. 2347)
To what can a spouse renounce the right to concur?
Alienation, encumbrance, or lease of a community immovable (some or all)

Alienation, encumbrance or lease of community immovables acquired in the future

Alienation, encumbrance or lease of all or substantially all of a community enterprise (Art. 2348)
Can a spouse renounce the right to concur in the alienation of a movable registered in the names of both spouses?
No. It messes with the titling scheme (Art. 2348, negative inference)
How must a spouse renounce the right to concur?
Expressly (equal dignities may apply)
(Art. 2348)
May a spouse renounce the right to participate in the management of a community enterprise?
Yes (Art. 2348)
What is the form for renunciation of the right to participate in a community enterprise?
WDK: Should we read the word "express" into the second sentence of Art. 2348? One case suggests may be tacit.
Can a renunciation of the right to concur/participate be made irrevocable? If so, for how long?
Yes, for up to three years (Art. 2348)
How long does a renunciation of the right to concur last?
Until the term expires, or until it's revoked (renunciations are revocable) -- remember, they can be irrevocable for up to three years; after that, they're
(Art. 2348)
When the spouse executes a renunciation, can they reserve the right to concur in specific transactions?
Yes, for specifically described immovable property (Art. 2348)
Does the donation of community property to a third person require the concurrence of the spouses?
Yes, unless the gift is usual or customary and of a value commensurate with the economic position of the spouses at the time of the donation
(Art. 2349)
When is no concurrence required for a donation of community things?
When the gift is usual or customary and of a value commensurate with the economic position of the spouses at the time of the donation
(Art. 2349)
What is the management scheme for movables belonging to a community enterprise?
The sole manager has the exclusive right to alienate, encumber, or lease the movables of a community enterprise, unless they're issued in the name of the other spouse or the concurrence of the other spouse is required by law
(Art. 2350)
What is the management scheme for registered movables?
A spouse has the exclusive right to manage, alienate, encumber or lease movables issued or registered in his name as provided by law
(Art. 2351)
What is the management scheme for partnership interests?
The spouse who is a partner has the exclusive management rights
(Art. 2352)
What is the management scheme for LLC interests?
The spouse who is a member has the exclusive management rights
(Art. 2352)
What is the effect when a spouse does not get the required concurrence for an alienation, lease or encumbrance?
Relative nullity, unless the other spouse renounced the right to concur
(Art. 2353)
What is the effect when a non-manager spouse alienates, leases, or encumbers the assets of a community enterprise?
Relative nullity
(Art. 2353)
When can a spouse be liable to the other spouse for management of the community property?
When that spouse causes loss or damage because of fraud or bad-faith management
(Art. 2354)
Can a spouse get authorization to act without the concurrence of the other spouse?
Yes, a spouse can seek judicial authorization to act without the concurrence of the other spouse
(Art. 2355)
What are the grounds a spouse must show to get judicial authorization to act without concurrence?
That the action is in the best interest of the family AND

That the other spouse arbitrarily refuses to concur, or that concurrence may not be obtained due to physical incapacity, mental incompetence, imprisonment, temporary absence of the other spouse, or because the other spouse is an absent person
(Art. 2355)
Can a spouse get judicial authorization to manage the other spouse's exclusive property?
Yes, if that spouse is absent
(Art. 2355.1)
What does a spouse have to show to get judicial authorization to manage the other spouse's exclusive property?
That the other spouse is absent
That the action is in the best interest of the family
(a summary proceeding)
(Art. 2355.1)
When does the community property regime terminate?
Death of a spouse
Judgment of declaration of death of a spouse
Nullity of the marriage
Judgment of divorce
Judgment of separation of property
Matrimonial agreement
(Art. 2356)
After the community terminates, what property may creditors use to satisfy an obligation that was incurred before or during the regime?
Property of the former community
Separate property of the incurring spouse
Same rule for attorney fees in divorce action

However, if a spouse disposes of property of the former community for a purpose other than the satisfaction of community obligations, he is liable for all obligations incurred by the other spouse up to the value of that community property!
(Art. 2357)
A spouse may assume responsibility for half of each community obligation incurred by the other spouse. What is the effect of this assumption?
The assuming spouse may then dispose of community property without incurring further responsibility for obligations incurred by the other spouse.
(Art. 2357)
When may a claim for reimbursement be asserted?
Only after termination of the community property regime, unless otherwise provided (when is that?)

(Art. 2358)
Where does money for reimbursement come from?
From the patrimony of the spouse who owes reimbursement

(Art. 2358.1)
An obligation incurred by a spouse may be either __ or ___.
community or separate

(Art. 2359)
When is an obligation incurred during the community regime a community obligation?
When it is for the common interest of the spouses or for the interest of the other spouse
(Art. 2360
True or false: Obligations incurred during the community property regime are presumed to be community obligations.
True
(Art. 2361)
True or false: An alimony obligation is deemed to be a community obligation.
True
(Art. 2362)
True or false: An obligation for attorney fees and costs incurred before the judgment of divorce, and incidental actions, is deemed to be a community obligation.
True
(Art. 2362.1)
When is an obligation a separate obligation?
When it is incurred prior to the establishment of the community regime
When it was incurred during the existence of a community regime, but not for the common interest of the spouses or for the interest of the other spouse
When the obligation results from an intentional wrong or is an obligation incurred for the separate property of a spouse, to the extent that it does not benefit both spouses, the family, or the other spouse
(Art. 2363)
True or false: A spouse can get reimbursement when they use community property to satisfy a separate obligation.
True (Art. 2364)
What reimbursement is a spouse entitled to when community property is used to satisfy a separate obligation?
One-half the amount or value that the property had at the time it was used
(Art. 2364)
True or false: A spouse can get reimbursement when separate property is used to satisfy a community obligation.
True (Art. 2365)
What is the rule for reimbursement when separate property is used after termination of the community property regime to satisfy a community obligation that was incurred to acquire ownership or use of a community corporeal movable required by law to be registered?
The reimbursement claim shall be reduced in proportion to the value of the claimant's use after termination of the community regime. The value of that use and the amount of the claim for reimbursement accrued during the use are presumed equal.
(Art. 2365)
What are the limits of a spouse's liability for reimbursement?
The liability of a spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations.

Nevertheless, if the community obligation was incurred for the ordinary and customary expenses of the marriage, or for the support, maintenance, or education of children of either spouse in keeping with the economic condition of the spouses, the spouse is entitled to reimbursement from the other spouse regardless of the value of that spouse's share of all community property.
(Art. 2365)
True or false; A spouse is entitled to reimbursement if community property was used to acquire, use, improve or benefit separate property.
True
(Art. 2366)
What reimbursement is a spouse entitled to when community property is used to acquire, use, improve or benefit separate property?
One-half the amount or value that the community property had at the time it was used
(Art. 2366)
Who owns the buildings, other constructions permanently attached to the ground, and plantings that are made on separate property with community property?
The owner of the ground
(Art. 2366)
When community property is used to put buildings, other constructions permanently attached to the ground, and plantings on separate property, what reimbursement can a spouse get?
One-half the amount or value that the community property had at the time it was used
(Art. 2366)
True or false: A spouse can get reimbursement when separate property is used for the acquisition, use, improvement or benefit of community property.
True
(Art. 2367)
What reimbursement does a spouse get when separate property is used during the existence of the community regime to acquire, use, improve or benefit community property?
One-half the amount or value that the property had at the time it was used.

The liability of the spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations.
(Art. 2367)
What liability for reimbursement a spouse have when separate property has been used during the existence of the community regime to acquire, use, improve, or benefit community property?
Liability is limited to the value of his share of all community property after deduction of all community obligations
(Art. 2367)
What is the classification of buildings, other constructions permanently attached to the ground, and plantings made on community property with separate property during the existence of the community regime?
They're community property
(Art. 2367)
What reimbursement does a spouse get when separate property is used during the community regime to put buildings, other constructions permanently attached to the ground, and plantings on community property?
One-half the amount or value that the separate property had at the time it was used
(Art. 2367)
What liability for reimbursement does a spouse have when separate property is used during the community regime to put buildings, other constructions permanently attached to the ground, and plantings on community property?
Liability for reimbursement is limited to the value of the spouse's share in all community property after deduction of all community obligations
(Art. 2367)
True or false: A spouse is entitled to reimbursement when her separate property is used during the community regime for the acquisition, use, improvement or benefit of the other spouse's separate property.
True
(Art. 2367.1)
What reimbursement does a spouse get when her separate property was used to acquire, use, improve or benefit the other spouse's separate property?
Reimbursement for the amount or value that the property had at the time it was used
(Art. 2367.1)
Who owns the buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate property of the other spouse?
They belong to the owner of the ground
(Art. 2367.1)
True or false: A spouse is entitled to reimbursement when her separate property is used to put buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate property of the other spouse.
True (Art. 2367.1)
What reimbursement does a spouse get when her separate property is used to put buildings, plantings, etc. on the separate property of the other spouse?
Reimbursement for the amount or value that the property had at the time it was used (Art. 2367.1)
True or false: A spouse is entitled to reimbursement when separate property is used during the community regime to satisfy the separate obligation of the other spouse.
True
(Art. 2367.3)
What reimbursement does a spouse get when separate property is used during the community regime to satisfy the separate obligation of the other spouse?
The amount or value that the property had at the time it was used (Art. 2367.3)
True or false: A spouse is entitled to reimbursement when the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses.
True (Art. 2368)
What reimbursement does a spouse get when separate property increases in value as a result of the uncompensated common labor or industry of the spouses?
One-half the increase attributed to the common labor. The spouse whose property increased in value has to pay.
(Art. 2368)
True or false: A spouse owes an accounting to the other spouse for community property under his control at the termination of the community property regime.
True (Art. 2369)
What prescription period applies to the obligation to account for community property under a spouse's control at the termination of the community regime?
Three years from the date of termination of the community
(Art. 2369)
After the termination of the community property regime, which provisions govern the ownership of the former community property?
The rules of co-ownership
(Art. 2369.1)
What ownership interest do spouses have in former community community property?
An undivided one-half interest in the former community and its fruits and products (Art. 2369.2)
What duty does a spouse have toward former community property under his control?
The spouse has a duty to preserve and manage prudently the former community property, including a former community enterprise, in a manner consistent with the mode of use of that property immediately prior to the termination of the community regime.
(Art. 2369.3)
Are spouses liable for their management of former community property?
Yes, they are answerable for any damage caused by fault, default, or neglect (Art. 2369.3)
Is a community enterprise a business that is a legal entity?
No (Art. 2369.3)
True or false: A spouse is generally not allowed to alienate, encumber, or lease former community property or his undivided community interest in that property without the concurrence of the other spouse.
True (Art. 2369.4)
What is the effect when a spouse alienates, encumbers, or leases former community property without the concurrence of the other spouse?
Relative nullity
(Art. 2369.4)
What is a sole-manager spouse allowed to do with the movables of the former community enterprise?
He is allowed to alienate, encumber or lease the movables in the regular course of business
(Art. 2369.6)
When may a spouse be authorized to act without the concurrence of the other spouse after termination of the community?
A summary proceeding, in which the spouse shows:

1.) The action is necessary
2.) The action is in the best interest of the petitioning spouse and not detrimental to the interest of the nonincurring spouse
3.) The other spouse is an absent person or arbitrarily refuses to concur, or is unable to concur due to physical incapacity, mental incompetence, commitment, imprisonment, or temporary absence.
When does a spouse have the right to demand partition of former community property?
At any time
(Art. 2369.8)
May the spouses contract out of the right to demand partition of former community property?
No; such an agreement is absolutely null.
(Art. 2369.8)
What do the spouses do if they are unable to agree on a partition?
Either spouses may demand a judicial partition
(Art 2369.8)
When can a spouse get a judgment of separation of property?
(1) When the interest of a spouse in the community regime is threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the affairs of the other spouse (may obtain)

(2) When the other spouse is an absent person (entitled to)

(3) When a petition for divorce has been filed, you can get a judgment by filing a rule to show cause and proving that you have lived separate and apart without reconciliation for at least 30 days from the date of, or prior to, the filing of the petition

(4) When the spouses have lived separate and apart for a period of six months (shall be granted)
What is "property" for purposes of matrimonial regimes?
A patrimonial right, which is the total mass of existing rights and liabilities that are susceptible of pecuniary evaluation.

It doesn't have to get you money at the end of the day. All it has to do is be susceptible of pecuniary evaluation.
What is the analysis for determining whether we classify something as property for purposes of matrimonial regimes?
(1) The item must have pecuniary value (doesn't matter if difficult to value; doesn't matter if right isn't vested yet)

(2) It doesn't offend societal norms to place a value on the item
True or false: An attorney's contingent-fee contract is community property
True
What is the rule for the increase in value of an asset?
The increase in value is not a distinct asset; the value stays with the underlying asset.
Is an educational degree property for purposes of matrimonial regimes?
No. It would offend societal values to classify the degree as property, because the degree is personal to the person who earned it.
How do we classify goodwill?
Goodwill is not a distinct asset of the business. We include it in the total value of the business. However, sometimes it is not valued at all.
What is the temporal effect of Art. 2340 (the presumption of community)?
It is retroactive (Tullier) -- see outline for critique
What is the standard for rebutting the presumption of community?
Preponderance (Talbot)
What is our "new version" of the double declaration?
Art. 2342: A spouse may declare in an act of acquisition that the things are acquired with separate funds as the separate property of a spouse
What is the result when we have to classify a thing that results from "mixed labor" -- work done partly during the community regime and partly outside the community regime?
We prorate -- the part that is attributable to ESI during the community is community property
How do we classify (and characterize) retirement benefits?
Retirement benefits are deferred compensation. They result from ESI done in the past. They are community property regardless of when paid.
How do you classify plans that seem like a combination between pension and disability?
While the spouse is eligible for retirement --> use earnings theory for payments

While spouse is not eligible for retirement --> use subrogation theory for payments
How do courts handle the classification of renewal commissions?
There is a circuit split. The third Circuit in Williams said not to prorate the commissions if proration would be speculative

The Second Circuit (Futch) said to prorate.

The First Circuit (Michel) says to prorate

The LASC (Ross) treated renewal commissions like fruits, although it was practically abandoned by Lanza. In Lanza, the LASC said to classify renewal commissions as earnings under an ESI analysis. Ross is still technically good law, though.

(See outline for WDK that I don't understand about what Ross says about proration.)
What is the current rule of notice for reservation of fruits, and does the rule have retroactive effect?
The current rule is that the reservation is not effective until notice is given to the other spouse. (Give the spouse a copy of the declaration.) However, the rule is not retroactive. It does not apply to reservations made before Aug. 15, 2008.
What is the classification of cash dividends?
They're fruits. They do not diminish the substance of the stocks in any way.
What is the classification of stock splits?
They are neither a fruit nor a product. They don't trigger classification at all, since they represent only a change in the form or structure of the stocks.
What is the classification of stock dividends
They are neither a fruit or product, even though they seem to diminish the value of original shares. However, reasoning a pari materia, Art. 552, comment (c) says that stock dividends are not fruits and belong to the naked owner.
Can you have fruits even if you don't have full ownership of the underlying thing?
Yes (Reynolds)
What is the rule for the classification of active investments?
In cases where the payment has the characteristics of both fruits and earnings, then use a balancing test. If there was substantial return with little labor, then the payment is a fruit. If there was substantial labor and a relatively small return, then the payment is earnings.

Art. 2335 express disfavor for these mixed titles.mixed titles, so there is a policy against prorating these payments. However, Kyson suggests in dicta that proration is appropriate. See outline for further reasons why.
What is the test for how to classify a donation
The intent of the donor at the time the gift was made
Are emotional distress damages that arise from physical injury separate property?
Art. 2344 doesn't say that only personal "physical" damages are separate property. Therefore, we conclude that the Legislature allows emotional distress damages to be separate property when they arise from personal injury.
Are punitive damages arising out of personal injury community or separate property?
WDK. Art. 2344 doesn't address this. They are not compensatory. They wouldn't come into existence if there weren't some underlying personal injury. The Third Circuit says that punitive damages are not within the scope of Art. 2344, because they are not "due" to personal injury. This makes punitive damages seem like they would fall under the residuary clause of Art. 2338.
What happens when future lost wages are awarded in a lawsuit, but then the community ends before the end of the period for which future lost wages was awarded?
As of the date of the award, the money is classified as community. But Art. 2344 requires us to retroactively reclassify some of the compensation as separate property, since it no longer replaces community funds. We don't do this if the community terminates because someone died. That would screw widows.
When settlements are not specifically worded, how do we figure out which part of the settlement represents community wages?
The Ellithorp-Thomas approach tells us to:

(1) Take the sum for lost wages and subtract the award of attorney fees.

(2) Create an annualized sum for lost wages.

(3) Multiply the annualized sum by the number of years the community existed.

Courts also use wage history, especially in cases that involve only temporary loss of wages. They adjust for inflation and increase in wages, too.
Can a spouse get in trouble for having a settlement classified in such a way that all the money is separate property?
Probably not. Spouses should try to get the settlement classified like it's for personal injury, that way it will be separate. The only possible way to maybe get in trouble for doing this is Art. 2354 (fraud or bad faith management.) But since the money hasn't come in yet, how can you mismanage? This article probably won't work.
Would we retroactively reclassify a damage award of future lost wages if someone gets an award and later gets married?
No (Young). This is a policy decision. We don't want spouses to get a windfall like this when they marry.

Art. 2344 is the source for retroactive reclassification of lost-wages awards, but it talks only about awards that come before divorce. It does not contemplate injuries sustained before the community. The Code has no authority that ways we should retroactively reclassify lost-wages awards that occur before marriage.
Art. 2338 creates a test whereby we classify property as separate when it was bought with a mixture of things, and the value of the community things are inconsequential when compared to the value of the separate things. How do we define "inconsequential"?
Reading cases together, the line of consequentiality seems to be around 20%, but there has been a trend toward community classification. We're not sure of the number.

33% has been consequential
18% has been inconsequential (in an anomalous case)
10% has been found to be consequential
2% has been found to be inconsequential
Do we do a consequentiality test for fungible goods?
No (McMorris). This is an exception to the consequentiality test. It's easy to divide up the dollars in a bank account. So courts say that when you merely combine community and separate funds, you don't use the consequentiality test.
When is there an exception to the exception that the consequentiality test does not apply to fungible goods?
Commingling

When you have an indiscriminate mixing of fungible goods, so that you can no longer tell what is separate and what is community, then we classify the entire account as community!
What rule do we use to classify a thing acquired over time with the use of credit?
Inception of title

Determine whether an item is community or separate at the moment title is transferred
What is the rule for classification of IRAs upon death?
Designated beneficiary gets everything

(Rules in Tax Code preempt state law)
How are IRAs classified upon divorce?
They're classified like pensions: We prorate to account for the other spouse's interest in the community.
What is the rule for the classification of intellectual property?
The author of a copyright holds the usus and abuus; the spouses together hold the fructus. The other spouse can get one-half the economic benefit of the copyright.