either may acquire
afterwards by inheritance or donations re-remain separate
property. The conjugal partnership is defined by C. C., Art.
2402. "This partnership, or community, consists of the
profits of all the effects of which the husband has the
administration and enjoyment, either of right or in fact, of
the produce of the reciprocal industry and labor of both
husband and wife, and the estates which they may acquire
during marriage, either by donations made jointly to them
both, or by purchase, or in any other similar way, even
should the purchase be in the name of one of the two, and
not of both, because in that case the period of time when
the purchase is made is alone attended to, and not the
person who made the purchase."
During the marriage the husband has the management of the
community, and he can sell or exchange the same, but he
cannot give away the real estate without binding his estate
to recompense the wife or her heirs, for the one-half so
given away. All the income of his estate must enter into the
community. On the other hand the wife may at her pleasure
take her own estate from the management of the husband into
her own control and discretion (C. C. 2384). But in this
contingency she must contribute to the family expenses (C.
C. 2389 and 2435).
If the affairs of the husband become embarrassed, the wife
can sue the husband for a separation of property, and get a
judgment against him for all indebtedness, on account of
money or property used or disposed of by him, and sell him
out under execution, and buy in the property herself if she
sees fit. Thus she stands in a more favorable position
toward the community than the husband, who is bound for all
its debts, for she can stand by and choose. If the community
becomes prosperous, she has the absolute right, as owner, to
one-half of it after payment of debts, and a right to the
income of the other half until she dies, or marries a second
time.
By causing her claims on account of her separate or
paraphernal estate to be recorded, she secures a mortgage
against her husband's la
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