Baton Rouge, LA asked in Family Law for Louisiana

Q: Can a spouse donate the 50% of her community property to other relatives without the signature of the other spouse?

My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which existed at the time of the donation unless there was a release. As to your father, if he is deceased in 2019 and he remained titled owner in the public record, then a succesion or its equivalent would need ot be opened to transfer his interests per the dicates of his will or per Louisiana law. I would consult with a succession lawyer on these issues to determine how to proceed next.

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