Succession of Manning v. Burke

Citations

• 107 La. 456

Syllabus

<p>Syllabus.</p> <p>1. All property of whatsoever kind whether standing in the name of the husband, or that of the wife, or in their joint names, is presumed by the law to be community in character.</p> <p>2. Even the earnings of the wife’s industry and labor fall into the community.</p> <p>3. And where a married woman, not separate in property, is engaged in trade, she is presumed, in the absence of proof to the contrary, to trade on the funds of the community and the assets in her hands are those of the community.</p> <p>4. The legal presumption in favor of the community dispenses those claiming community rights or asserting community obligations from other proof, and It is incumbent on those denying the community and asserting the property or funds to be the separate estate of the wife to prove affirmatively and satisfactorily that the same is hers.</p>