Wife claim in Louisiana

16 Louisiana opinions name it 2 courts 1904–1996 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Thigpen v. Thigpengreen la · 1956 · cited in 1 Louisiana opinions naming this issue, 1982–1982 2 sentences 1982The only article that we find that would support a wife's claim against the husband for improper handling of community property is former art. 2404. 1279 Under C.C. 2404, the only circumstance under which a wife had a claim against the husband for mishandling community assets was the case of disposition "by fraud, to injure his wife ...." This article envisions a disposition of property "conceived with the intent to reduce the wife's community interest ...." Thigpen v. Thigpen, 231 La. 206 , 91 So.2d 12, 20 (1956). 1982The only article that we find that would support a wife's claim against the husband for improper handling of community property is former art. 2404. 1279 Under C.C. 2404, the only circumstance under which a wife had a claim against the husband for mishandling community assets was the case of disposition "by fraud, to injure his wife ...." This article envisions a disposition of property "conceived with the intent to reduce the wife's community interest ...." Thigpen v. Thigpen, 231 La. 206 , 91 So.2d 12, 20 (1956).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (26)

Case	Cited	Years
Succession of Gibson green la · 1937 2 sentences 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer. 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer.	2	1974–1975
Succession of Chavis green la · 1947 2 sentences 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer. 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer.	2	1974–1975
Fulton Bag & Cotton Mills v. Fernandez neutral lactapp · 1935 2 sentences 1975Fulton Bag and Cotton Mills v. Fernandez, 159 So. 339 (La.App. 4th Cir. 1935). 1974Fulton Bag and Cotton Mills v. Fernandez, 159 So. 339 (La.App., 4th Cir. 1935).	2	1974–1975
Texas Company v. Stewart neutral lactapp · 1958 2 sentences 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer. 1974Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App., 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer.	2	1974–1975
Miller v. Wiggins neutral la · 1921 2 sentences 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer. 1975Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer.	2	1974–1975
Brown v. Drillers, Inc. green la · 1994 1 sentence 1996The case of Brown v. Drillers, Inc., 93-1019 (La.1/14/94); 630 So.2d 741 , involved a similar issuewhether a general release instrument executed by a wife barred her claim for the wrongful death of her husband that arose after execution of the release.	1	1996–1996
Daigle v. Clemco Industries green la · 1993 1 sentence 1996This court's decision in Daigle v. Clemco Industries, 613 So.2d 619 (La.1993), rendered after execution of the release in the Brown case, repudiated prior jurisprudence precluding pre-death releases of wrongful death claims as contra bonos mores.	1	1996–1996
Arsenaux v. Arsenaux green la · 1983 1 sentence 1990Arsenaux v. Arsenaux, 428 So.2d at 427 , cited by Mrs. Wheelahan, deals with whether a wife can claim the physician-patient privilege under La.R.S. 13:3734 and her right to privacy in order to exclude testimony about an alleged abortion in a suit for separation or divorce.	1	1990–1990
Webster v. Rushing green la · 1975 1 sentence 1986Webster v. Rushing, 316 So.2d 111 (La.1975).	1	1986–1986
Langham v. Langham neutral lactapp · 1980 1 sentence 1982Hall v. Hall, 348 So.2d 707 (La.App. 1st Cir. 1977); Langham v. Langham, 381 So.2d 1284 (La.App. 2nd Cir. 1980).	1	1982–1982
Hall v. Hall green lactapp · 1977 1 sentence 1982Hall v. Hall, 348 So.2d 707 (La.App. 1st Cir. 1977); Langham v. Langham, 381 So.2d 1284 (La.App. 2nd Cir. 1980).	1	1982–1982
Califano v. Goldfarb green scotus · 1977 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Stanton v. Stanton green scotus · 1975 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Weinberger v. Wiesenfeld green scotus · 1975 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Frontiero v. Richardson green scotus · 1973 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Reed v. Reed green scotus · 1971 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Craig v. Boren green scotus · 1976 2 sentences 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 1978Should an `Equal Rights Amendment' to the U.S. or State Constitution be adopted, however, probably either the husband will have to be awarded alimony under the same circumstances in which the wife can claim it, or alimony will have to be denied the wife in every case." Pascal, Louisiana Family Law Course, § 11.19, p. 178 (1975). [5] See, Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); Stanton v. Stanton, 421 U.S. 7 , 95 S.Ct. 1373 , 43 L.Ed.2d 688 (1975); Weinberger v. Wiesenfeld, 420 U.S. 636 , 95	1	1978–1978
Shepard v. Shepard green lactapp · 1976 1 sentence 1977Shepard v. Shepard, 334 So.2d 745 (La.App. 3rd Cir. 1976).	1	1977–1977
Arnold v. Arnold green la · 1937 2 sentences 1976Arnold v. Arnold, 186 La. 323 , 172 So. 172 (1937). 1976Arnold v. Arnold, 186 La. 323 , 172 So. 172 (1937).	1	1976–1976
Player v. Player green la · 1926 2 sentences 1956We cited the case of Player v. Player, 162 La. 229 , 110 So. 332 , wherein we recognized the right of the wife to claim alimony after a divorce decree has been rendered, and held that such a right could not be pleaded as an incidental demand but required a separate suit. 1956We cited the case of Player v. Player, 162 La. 229 , 110 So. 332 , wherein we recognized the right of the wife to claim alimony after a divorce decree has been rendered, and held that such a right could not be pleaded as an incidental demand but required a separate suit.	1	1956–1956
Succession of Lamm neutral la · 1888 2 sentences 1954Ibid; Succession of Lamm, 40 La.Ann. 312 , 4 So. 53 ; Succession of McCan, 49 La.Ann. 968 , 22 So. 225 and Succession of Keppel, supra. Under Article 2410 of the LSA-Civil Code, the wife has the privilege of exonerating herself from liability for the debts contracted during the marriage by renouncing the community. 1954Ibid; Succession of Lamm, 40 La.Ann. 312 , 4 So. 53 ; Succession of McCan, 49, La.Ann. 968, 22 So. 225 and Succession of Keppel, supra. Under Article 2410 of the LSA-Civil Code, the wife has the privilege of exonerating herself from liability for the debts contracted during the marriage by renouncing the community.	1	1954–1954
Succession of Calloway neutral la · 1897 2 sentences 1954Ibid; Succession of Lamm, 40 La.Ann. 312 , 4 So. 53 ; Succession of McCan, 49 La.Ann. 968 , 22 So. 225 and Succession of Keppel, supra. Under Article 2410 of the LSA-Civil Code, the wife has the privilege of exonerating herself from liability for the debts contracted during the marriage by renouncing the community. 1954Ibid; Succession of Lamm, 40 La.Ann. 312 , 4 So. 53 ; Succession of McCan, 49 La.Ann. 968 , 22 So. 225 and Succession of Keppel, supra. Under Article 2410 of the LSA-Civil Code, the wife has the privilege of exonerating herself from liability for the debts contracted during the marriage by renouncing the community.	1	1954–1954
Succession of Baum neutral la · 1845 1 sentence 1946As far back as 1845, in the case of Succession of Baum, 11 Rob. 314 , this court said: “* * * The heirs of the wife had the privilege of renouncing the partnership or community of gains, to exonerate themselves from the debts contracted during the marriage (Civil Code, art. 2379 [2410]); but the husband, being the head and master thereof, could never do so, either directly or indirectly.” (All italics mine.) Mrs. Harriet S. Daggett has set forth clearly and logically the reason why the husband does not have the privilege of renouncing the community or accepting it with special privileges, as f	1	1946–1946
Bianchi v. Del Valle neutral la · 1906 1 sentence 1925Del Valle, 117 La. 590 , 42 South. 148 , it was held that the wife had no claim against the lessor when the husband had none as lessee.	1	1925–1925
Moore v. Moore green · 1866 1 sentence 1908Counsel refer the court to articles 147, 148, and 22S1 of the Civil Code, and to Moore v. Moore, 18 La.	1	1908–1908
Bouligny v. Fortier neutral la · 1861 1 sentence 1904In a well-considered case, in which it was successfully invoked for the benefit of a married woman, our predecessors in this court, after announcing the conclusion that “the wife is required, not only to prove that she had paraphernal effects at her disposal, but also that they were ample to enable her, reasonably at least, to make the new acquisition, otherwise the contract will be treated as a contract of the community,” added, “Such, without doubt, would be the result in a contestation between the creditors of the husband and wife, and we see no good reason to depart from the principle, in	1	1904–1904

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 89 (1900–2025) MO 83 (1885–2025) FL 61 (1939–2026) AZ 44 (1928–2026) CA 43 (1885–2025) TN 43 (1999–2026) GA 42 (1881–2026) IN 41 (1882–2024) NY 30 (1882–2024) UT 26 (1984–2017) TX 24 (1898–2025) OH 23 (1923–2026) OK 21 (1922–2019) NM 20 (1973–2024) SC 17 (1981–2026) NC 17 (1942–2026) IL 16 (1874–2016) LA 16 (1904–1996) MD 13 (1889–2020) MA 11 (1812–2014) AL 11 (1887–2016) KY 10 (1902–2021) WV 8 (1887–2026) MS 8 (1922–2005) AR 7 (1899–2010) MI 7 (1893–2024) WY 7 (1991–2022) KS 6 (1913–1991) DE 6 (1979–2022) VA 6 (1996–2023) HI 4 (2009–2016) OR 3 (1987–1993) CO 3 (1970–2012) SD 3 (1996–2026) WA 3 (1912–2012) MN 3 (1897–1988) ID 3 (1971–2023) NJ 3 (1937–2016) MT 3 (1980–2021) VT 2 (1929–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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