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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
