Wattigny v. Wattigny

STOKER, Judge.

This case presents for review the question: May a wife, judicially separated from her husband in 1979, exercise the right to renounce the community of acquets and gains (and thereby escape the liabilities of the community) subsequent to the repeal of Article 2410 of the Louisiana Civil Code? This provision of law, repealed effective January 1, 1980, provided:

“Both the wife and her heirs or assigns have the privilege of being able to exonerate themselves from the debts contracted during the marriage, by renouncing the partnership or community of gains.”

Plaintiff, Phyllis…