The Amendment of Civil Code Article 2339
(A) Civil Code article 2339 provides generally that natural and civil fruits of the separate property of a spouse, as well as minerals produced in conjunction with a separate asset and payments arising from mineral leases, are community property. However, 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. As to the fruits and revenues of separate immovable property, the declaration is generally effective when filed for registry in the Conveyance Records of the parish in which the immovable property is located. As to the fruits and revenues of movable property, the declaration is generally effective when filed for registry in the Conveyance Records of the parish in which the declarant is domiciled.
(B) Civil Code article 2339 has been amended to provide that "a copy of
the declaration shall be provided to the other spouse prior to filing of the declaration."
(C) As a result of the amendment of article 2339, it would seem that the non-declarant spouse should be asked to either sign the declaration itself or to sign an acknowledgment of the delivery of the declaration to ensure that the requirements of the article are satisfied.
(D) Section 2 of Act 855 provides that the provisions of the Act "shall be given prospective application only and shall not apply to a declaration filed prior to the effective date of this Act."
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Dan D. Schaneville
Statewide Notary Education, LLC
2842 Valcour Aime Ave.
Baton Rouge, LA 70820