Harry Blackmun

“ The Louisiana court has described and forcefully stated the nature of the community interest. In Phillips v. Phillips, 160 La. 813, 825-826, 107 So. 584, 588 (1926) , it was said:
'The wife's half interest in the community property is not a mere expectancy during the marriage; it is not transmitted to her by or in consequence of a dissolution of the community. The title for half of the community property is vested in the wife the moment it is acquired by the community or by the spouses jointly, even though it be acquired in the name of only one of them. ”

“ In Louisiana, therefore, the wife's rights in and to the community property do not rest upon the mere gratuity of her husband; they are just as great as his and are entitled to equal dignity. * * * She is the half-partner and owner of all acquisitions made during the existence of the community, whether they be property or income. ”

“ The same article, however, denies him the power of conveyance, 'by a gratuitous title,' of community immovables, or of the whole or a quota of the movables, unless for the children; and if the husband has sold or disposed of the common property in fraud of the wife, she has an action against her husband's heirs. At the dissolution of a marriage 'all effects which both husband and wife reciprocally possess, are presumed common effects or gains * * *.' Art. ”