Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:384 (2026)

A. If spouses who were judicially separated by a judgment signed before January 1, 1991, or by a judgment rendered in an action governed by R.S. 9:381, reconcile after September 6, 1985, their community of acquets and gains shall be reestablished between the spouses, as of the date of filing of the original petition in the action in which the separation judgment was rendered, unless the spouses execute prior to the reconciliation a matrimonial agreement that the community will not be reestablished upon reconciliation. This matrimonial agreement shall not require court approval.

✓ current as of May 2026

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§384. Effect of reconciliation on community

A. If spouses who were judicially separated by a judgment signed before January 1, 1991, or by a judgment rendered in an action governed by R.S. 9:381, reconcile after September 6, 1985, their community of acquets and gains shall be reestablished between the spouses, as of the date of filing of the original petition in the action in which the separation judgment was rendered, unless the spouses execute prior to the reconciliation a matrimonial agreement that the community will not be reestablished upon reconciliation. This matrimonial agreement shall not require court approval.

B. Reestablishment of a community property regime under the provisions of this Section shall be effective toward third persons only upon filing notice of the reestablishment for registry in accordance with the provisions of Civil Code Article 2332. The reestablishment of the community shall not prejudice the rights of third persons validly acquired prior to filing notice of the reestablishment nor shall it affect a prior community property partition between the spouses.

Acts 1990, No. 1009, §7, eff. Jan. 1, 1991; Acts 1995, No. 1233, §1.

NOTE: Acts 1995, No. 1233, §2 provides that the provisions of the Act are remedial and shall be applied retroactively.

Notes of Decisions

Cited in 5 cases, 1995–2011 · leading case: Charrier v. Charrier, 672 So. 2d 983 (La. Ct. App. 1996).

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Charrier v. Charrier, 672 So. 2d 983 (La. Ct. App. 1996). · cites it 10× “R.S. 9:384. As created thereby, La.R.S. 9:384 provided for automatic reinstatement of the community upon reconciliation and made the act retroactive for spouses who were judicially separated by a judgment signed before January 1,1991.”

Charrier v. Charrier, 653 So. 2d 1356 (La. Ct. App. 1995). · cites it 6× “R.S. 9:384 1 does not apply to this action.”

McCarroll v. McCarroll, 680 So. 2d 681 (La. Ct. App. 1996). · cites it 2× “R.S. 9:384 which contained the same language as Article 155, recognizing the automatic reestablishment of the community upon reconciliation, but made the act retroactive for “[reconciled] spouses who were judicially separated by a judgment signed before January 1, 1991, or by a…”

Ashmore v. Ashmore, 80 So. 3d 693 (La. Ct. App. 2011). · cites it 4× “Effective January 1, 1991, Section 384 contained the same language as Article 155 1 , recognizing the automatic reestablishment of the community property regime upon reconciliation, but made it retroactive for “[reconciled] spouses who were judicially separated by a judgment…”

Charrier v. Charrier, 660 So. 2d 866 (La. 1995). “R.S. 9:384(A). LEMMON, J., not on panel.”

— La. Rev. Stat. § 9:384(A) — 2 cases

Charrier v. Charrier, 672 So. 2d 983 (La. Ct. App. 1996). “R.S. 9:384. As created thereby, La.R.S. 9:384 provided for automatic reinstatement of the community upon reconciliation and made the act retroactive for spouses who were judicially separated by a judgment signed before January 1,1991.”

Charrier v. Charrier, 660 So. 2d 866 (La. 1995). “R.S. 9:384(A). LEMMON, J., not on panel.”

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