Privacy and Spouses in Louisiana: The Community Property Conundrum and Proposals for Reform

Article by Sally Brown Richardson

This Article seeks to provide guidance to the Louisiana legislature and courts as to how to amend current community property law so as to give spouses a reasonable right of privacy from one another in community property. This Article lays the framework for how Louisiana community property law can be amended to simultaneously protect both an individual spouse’s right of privacy and the community. This Article details the current rights of privacy afforded to spouses in Louisiana and throughout the United States, and establishes how spouses’ rights of privacy are in conflict with Louisiana’s community property. Finally, this Article suggests amendments to Louisiana’s community property regime so as to protect spouses’ rights of privacy vis-à-vis one another.


About the Author

Charles E. Lugenbuhl Associate Professor of Law, Tulane University Law School.

Citation

92 Tul. L. Rev. 219 (2017)