Either spouse is the proper defendant, during the existence of the marital community, in an action to enforce an obligation against community property; however, if one spouse is the managing spouse with respect to the obligation sought to be enforced against the community property, then that spouse is the proper defendant in an action to enforce the obligation. When doubt exists whether the obligation sought to be enforced is a community obligation or the separate obligation of the defendant spouse, that spouse may be sued in the alternative. When only one spouse is sued to enforce an obligation against community property, 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. 735.Marital Community
Title III. Parties · Chapter 3. Parties Defendant · Last amended 1980 · Last verified July 30, 2026
In one sentenceArticle 735 lets a creditor sue either spouse to reach community property, but requires suing the managing spouse when management authority over the specific obligation belongs to one spouse, and treats the non-sued spouse as a necessary party.
Full Text of Art. 735
Amendment History
Amended by Acts 1979, No. 711, §3, eff. 1/1/1980.
Plain-English Summary
Louisiana is a community property state: property most spouses acquire during marriage belongs to both of them jointly, as a marital community, rather than to whichever spouse's name is on the deed or account. Article 735 addresses who a creditor must sue to reach that community property when the community, rather than one spouse's separate estate, owes the debt.
The default rule lets either spouse be sued. But Louisiana's community property law also assigns management authority over specific community assets and obligations to one spouse or the other — generally whichever spouse's actions gave rise to the obligation, or whose name the relevant property is in. When one spouse is that managing spouse for the obligation at issue, that spouse, not just either spouse, is the proper defendant. And when it is unclear whether an obligation belongs to the community or is instead the separate debt of the spouse being sued, the plaintiff may sue that spouse in the alternative, pleading both theories rather than guessing wrong and losing the case on a technicality.
Article 735 closes with a protection for the spouse who is not named: when only one spouse is sued to reach community property, the other spouse counts as a necessary party — someone whose absence could leave the case incomplete or unfair to that spouse's own interest in the community. If leaving that spouse out of the case risks an unjust result, the trial court can order that spouse joined even without a motion from either side.
Frequently Asked Questions
What is the marital community under Louisiana law?
It is the property most spouses acquire during marriage in Louisiana, owned jointly by both spouses rather than by whichever one holds title. Louisiana is a community property state, and community obligations can be enforced against community property.
Can I sue just one spouse to collect a community debt?
Often, yes — Article 735 lets either spouse be sued to enforce an obligation against community property. But if one spouse has management authority over the specific obligation, that spouse is the proper defendant, and the other spouse is a necessary party who may need to be joined.
What does managing spouse mean?
Louisiana's community property law assigns authority to manage particular community assets and obligations to one spouse or the other, generally based on whose actions created the obligation or whose name the property carries. That spouse is the managing spouse for that obligation, and Article 735 makes that spouse the proper defendant when management authority rests with one spouse alone.
What if I am not sure whether a debt is a community obligation or my spouse's separate debt?
Article 735 allows the plaintiff to sue the defendant spouse in the alternative when there is doubt whether the obligation is a community debt or that spouse's separate obligation, rather than forcing the plaintiff to commit to one theory before the facts are settled.
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
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