You are on page 1of 4

CONTRACT ESTABLISHING SEPARATE PROPERTY BETWEEN JANE DOE AND JOHN DOE

UNITED STATES OF AMERICA

STATE OF LOUISIANA

NEVER NEVER LAND PARISH

BE IT KNOWN, that on this ______day of ________________ BEFORE ME__________________________a Notary Public duly commissioned and qualified in and for the Parish of NEVER NEVER LAND State of Louisiana, and in the presence of the undersigned competent witnesses: PERSONALLY APPEARED: JOHN DOE AND JANE DOE, both of the full age of majority and domiciled in the Parish of WONDER LAND, who each separately declared that they intend to be joined in the bonds of matrimony on or about _________, 2013 at Baton Rouge, Louisiana, and in order to fix -the property rights and obligations between them, they do agree and contract as follow: Article 1 The intended husband and wife hereby establish a regime of separation of property as created by Louisiana Civil Code Article 2329 and any other laws of Louisiana. Accordingly, they expressly renounce all provisions of any law which establish a legal community of acquets and gains between husband and wife, whether now or later enacted. Article 2 All property of the intended husband and wife, whether owned at the time of the ceremony of marriage or acquired during the marriage is declared to be separate property. This separate property of an intended -spouse consists of, by way of illustration, but not by way of limitation, the following: Property acquired by spouse through the effort, skill, or industry of that spouse, income from separate property , property donated to the spouses either separately or jointly; and property acquired by a spouse through inheritance. All things in the possession of a spouse, or in the name of one spouse, during the existence of this separation of property regime are presumed to be the separate property of the spouse whose name the property is in or who is in possession of the thing. Page 1 of 4 _________________ Jane Doe ___________________ John Doe

ARTICLE 3 All natural and civil fruits and revenues of the separate property of each intended spouse, as well as minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut in .payments arising from mineral leases are declared to be and are reserved as the separate property of the intended spouse who owns the thing. ARTICLE 4 All damages, insurance or indemnity collected due to personal injury, property damage, or other cause are the separate property of the spouse who sustained the injury or damage, whether before or during the marriage. ARTICLE 5 Each spouse acting alone may manage, alienate, encumber, control or dispose of his or her separate property without the consent or concurrence of the other spouse. ARTICLE 6 An obligation incurred by a spouse before or during the existence of the marriage is a separate .obligation of the spouse who incurred it. A spouse who does not personally incur an obligation shall not be liable for the other spouse's obligations. The separate obligations incurred by the parties will remain the separate obligations of the individual incurring spouse. It is expressly understood that neither party assumes responsibility or liability for the separate obligations of the other spouse. ARTICLE 7 An alimentary obligation imposed by law on a spouse shall be a separate obligation of that spouse. ARTICLE 8 An increase during the marriage in the value of the separate property of a spouse inures to the benefit of that spouse, whether the increase is due to the uncompensated labor or industry of the spouses or not. Buildings, other constructions permanently attached to the ground, component parts, and plantings made on the land of one spouse belong to the owner of the ground. Upon termination of the marriage the spouse whose assets were used to improve the separate property of the other spouse is not entitled to any reimbursement unless otherwise agreed in writing. No particular formality shall be required for any such writing pertaining to reimbursement. Page 2 of 4 _________________ Jane Doe ___________________ John Doe

ARTICLE 9 It is the intention of each party to this agreement that neither will have any economic claim on the other at the termination of this marriage , including without limitation, claims for reimbursements of donations, loans, or expenses of the marriage unless otherwise agreed ln writing . ARTICLE 10 In consideration of the mutual and reciprocal promises of the parties as contained in this agreement, both parties do hereby waive, renounce, relinquish and extinguish any and all obligations which they might otherwise have towards each other to provide interim periodic support under Louisiana Civil Code Article 111 as well as to provide final periodic support under Civil Code Article 112, as those Civil Code Articles now exist or as they may be hereafter amended. ARTICLE 11 Each spouse shall contribute to the expenses of the marriage in proportion to his and her means. The recitals contained in Articles 2 through 9 inclusive, hereinabove are illustrative and do not in any manner limit the scope of this agreement. ARTICLE 12 This separation of property regime may not be terminated except by authentic act signed by each spouse or act under private signature duly acknowledged by each spouse. The filing of any joint income tax return by the parties of this agreement does not modify this agreement, nor shall any such joint filing ever be construed as either a modification or supplementation of this agreement. ARTICLE 13 This agreement is entered into with the full knowledge on the part of each party as to the extent and value of the patrimony of each party and the rights conferred by law under the legal community property regime, but it is the desire of each party that their respective rights to each other's estate shall be fixed by this agreement, which shall be binding on their respective heirs and legal representatives. Each party admits that they have had the benefit of their own legal counsel and are satisfied with the terms of this agreement.

Page 3 of 4 _________________ Jane Doe ___________________ John Doe

THUS DONE AND PASSED, before me, the undersigned Notary Public and the presence of the undersigned competent witnesses, on the ______day of September 2013, who have signed their names with said appearers and me, after reading of the whole.

WITNESSES: ______________________________

PARTIES: __________________________ Jane Doe

______________________________

___________________________ John Doe

______________________________ Notary Public- State of Louisiana

Page 4 of 4 _________________ Jane Doe ___________________ John Doe

You might also like