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Topic: Community Property

“Living Separate and Apart”: Solving the Problem of Putative Community Property in Louisiana

Casey E. Faucon | Article

This Article argues that Louisiana should instead adopt a modified form of the common law doctrine of “living separate and apart” to address the problems created by the current Louisiana law as to the apportionment of putative community property. Washington, California, and Arizona—all community property states—use the doctrine of living separate and apart in the context of classification of assets. Although the standard differs among the three states, the basic principle is that the spouses can conduct themselves in a manner that demonstrates that they are not only physically, but also emotionally living separate and apart, even if the marriage [...]

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Classifying Virtual Property in Community Property Regimes: Are My Facebook Friends Considered Earnings, Profits, Increases in Value, or Goodwill?

Sally Brown Richardson | Article

Virtual property, or that property which exists only in the intangible world of cyberspace, is of growing importance. Millions of people use virtual property every day, be it an e-mail account, a blog, or a Facebook profile; billions of dollars are spent to acquire virtual property. As the importance of virtual property continues to increase at light year speed, laws pertaining to virtual property must similarly develop. Among the legal issues yet unaddressed is how community property regimes will respond to virtual community (or virtual separate) property. Spouses are on the brink of litigating issues such as whether a Uniform [...]

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