Private Law Theory

INTRODUCTION
Is it fair that a husband with a multi-million-dollar judgment debt claim uses a matrimonial regime change to avoid payment? As the number of Americans pursuing the age-old tradition of marriage continues to decline, it is important to take note of how modern laws, such as Louisiana’s restrictions on post-matrimonial agreements, may negatively affect the public’s view of marriage. A Louisiana husband, in a marriage with a community property regime, found himself obligated to repay a multi-million dollar debt in Radcliffe v Burger. In order to avoid the debt judgment, which was rendered in his name only … (more)

Jessica Brewer, ‘Radcliffe v Burger: Change Of Matrimonial Regime As A Means Of Debt Evasion’ 13 Journal of Civil Law Studies (2020).

First posted 2020-10-11 10:45:34