Either spouse is the proper plaintiff, during the existence of the marital community, to sue to enforce a community right; however, if one spouse is the managing spouse with respect to the community right sought to be enforced, then that spouse is the proper plaintiff to bring an action to enforce the right. When doubt exists whether the right sought to be enforced is a community right or is the separate right of the plaintiff spouse, that spouse may sue in the alternative to enforce the right. When only one spouse sues to enforce a community right, the other spouse is a necessary party. Where the failure to join the other spouse may result in an injustice to that spouse, the trial court may order the joinder of that spouse on its own motion.
Art. 686.Marital Community
Title III. Parties · Chapter 2. Parties Plaintiff · Last amended 1980 · Last verified July 30, 2026
In one sentenceArticle 686 designates which spouse may sue to enforce a right belonging to the marital community, generally either spouse but specifically the managing spouse when one is designated for that right, and treats the other spouse as a necessary party when only one spouse sues.
Full Text of Art. 686
Amendment History
Amended by Acts 1970, No. 344, §1; Acts 1979, No. 711, §3, eff. 1/1/1980.
Plain-English Summary
Louisiana runs a community property system for married couples: many rights and much property acquired during the marriage belong to the marital community rather than to one spouse alone. Article 686 sets the rule for who can sue to enforce a community right. As a rule, either spouse may bring that suit while the community exists. But if the right in question is one where the law makes one spouse the managing spouse — the spouse with authority over that particular kind of community asset or claim — then that managing spouse is the proper plaintiff for it.
Article 686 also handles the gray area where it is unclear whether a right is a community right or the plaintiff spouse's own separate property. In that situation, the spouse may sue in the alternative, asserting the claim as a community right or a separate right without having to pick one theory in advance.
When only one spouse sues to enforce a community right, the other spouse is a necessary party to that suit. If leaving that spouse out could work an injustice against them, the trial court can order their joinder on its own motion, even without a request from either side.
Frequently Asked Questions
What is a community right under Article 686?
It is a right belonging to the marital community — the shared property regime Louisiana applies to married couples — as opposed to a right that belongs to one spouse's separate estate.
Can either spouse sue to enforce community property rights?
Generally, yes, unless the law designates one spouse as the managing spouse for that particular right, in which case that spouse is the proper plaintiff.
What happens if it is unclear whether a right is community or separate property?
The plaintiff spouse may sue in the alternative, asserting the claim as either a community right or a separate right without committing to one characterization up front.
Does the other spouse have to be added if only one spouse sues on a community right?
That spouse is a necessary party, and the trial court can order their joinder on its own motion if leaving them out would work an injustice.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: marital community Louisiana lawsuitmanaging spouse proper plaintiffcommunity property right to sueArticle 686 Louisiana Code of Civil Procedurespouse necessary party community right