| Jurisdiction | Unique Feature re CpA Biens | |----------------|--------------------------------| | France (Communauté réduite aux acquêts) | Default regime; spouses can opt into universal community. | | Louisiana | Applies only to spouses domiciled in Louisiana; no community for couples married after 1979 unless they execute a matrimonial agreement. | | Spain (Sociedad de gananciales) | Management requires both spouses for almost all acts involving immovable property. | | Common law states (e.g., California, Texas) | Similar to CpA but called “community property”; Texas allows for “separate property” to remain separate even if commingled, if traceable. |
Matrimonial property regimes determine the ownership and management of assets acquired before and during marriage. The Community of Acquests regime (CpA) is predicated on the presumption that all assets acquired through the effort, skill, or industry of either spouse during the marriage belong equally to both. This paper uses the term CpA biens to denote the totality of movable and immovable property subject to the community. cpabiens
The central questions addressed are:
A major controversy is whether a professional degree earned during marriage is a bien commun. In Louisiana (Sullivan v. Sullivan, 1990), the supreme court held that a degree is not property subject to partition, but the other spouse is entitled to reimbursement for contributions to the degree’s cost. Other CpA jurisdictions (e.g., New York equitable distribution states) differ. | Jurisdiction | Unique Feature re CpA Biens
Imagine a bridge that heals its own cracks. Cpabiens engineered as lichen-like colonies could be painted onto concrete. When a fissure forms, they detect the stress pattern, secrete calcium carbonate, and re-route their own metabolic output to reinforce the damage. These "living patches" would be conscious only at the colony level, avoiding individual suffering. Equalization: Each spouse receives one-half of the net
Upon dissolution, the community is partitioned equally, but the process involves three steps: