Louisiana Real Estate Broker Exam — All Questions

Louisiana is distinctive among U.S. states because its private law is based on:

• a.English common law, like most states
• b.A civil-law system derived from the Napoleonic Code✓
• c.Spanish ecclesiastical law only
• d.Federal statutes exclusively

Louisiana's private law derives from the civil-law tradition (rooted in the Napoleonic Code), not the English common law used in the other 49 states. This affects property concepts, terminology, and succession. Brokers must recognize that Louisiana uses distinct civil-law doctrines rather than common-law precedents when analyzing ownership and transfers.

Under Louisiana's community property regime, property acquired by either spouse during the marriage is generally:

• a.The separate property of the spouse whose name is on the title
• b.Automatically owned by the couple's children
• c.Community property owned equally by both spouses✓
• d.Owned by the state until the marriage ends

Louisiana is a community-property state: assets acquired during a marriage are presumed to be community property owned equally by both spouses, regardless of which spouse's name appears on the title. Because of this, a broker listing marital property should confirm whether both spouses must sign the listing and the act of sale. Separate property is generally that owned before marriage or received by donation or inheritance.

In Louisiana civil-law terminology, the notarized document that transfers ownership of immovable property is commonly called the:

• a.Act of sale✓
• b.Quitclaim deed
• c.Bargain-and-sale deed
• d.Torrens certificate

Louisiana uses the civil-law 'act of sale' (often passed before a notary and witnesses) to transfer ownership of immovable property, rather than the common-law deed forms used elsewhere. 'Immovable' is Louisiana's civil-law term for what other states call real property. Understanding this vocabulary helps a broker read Louisiana transaction documents correctly.