789. (Repealed by Act 3 of 1957)
790. Suits for separation of property must be brought only in the cases mentioned in article 1229 of the Civil Code.
791. A wife suing for separation may attach the movable property of the community by means of a conservatory seizure (saisie gagerie conservatoire), if authorised by the Judge. The attachment is effected in the same manner as attachment for rent, but the husband remains judicial guardian of the property attached, unless otherwise ordered by the Court or Judge.
The wife may also have her own movables attached by a writ of revendication.
792. The formalities required for summons in ordinary cases must be strictly observed in such suits. The spouse summoned has no power to dispense with the same, either directly or indirectly, even as regards the delay upon the summons.
793. Notice of such suit must be given and published during one month in the Gazette.
No proceedings except filing the return and exhibits and appearance can be had in such suit until after the last publication of such notice.
794. Any creditor of the person sued for separation of property has a right to intervene in the suit, in order either to watch the proceedings or to contest the plaintiff's claim, and he or she may for this purpose set up whatever grounds and exercise whatever rights his or her debtor might.
795. Separation of property thus sued for cannot be granted upon the confession or the admissions of the defendant. The allegations of the declaration must be established by other proof.
796. The judgment pronouncing separation of property may at the same time determine the reprises of the plaintiff, or order that they shall be determined by a practitioner or by experts, if there be occasion for it.
797. The judgment of separation must be executed and published in accordance with the provisions contained in articles 1230 and 1231 in the Civil Code.
798. The wife who sues for separation may accept or renounce the community. If the husband fails to make an inventory, she may, upon being authorised, have one made, if she has not renounced.
If she accepts, the partition is effected in the manner provided in the Civil Code, in the title relating to marriage covenants.
799. The wife's renunciation of the community must be registered in the Registry office before any subsequent proceedings can be taken by her.
800. The judgment of separation may be executed voluntarily or by legal means, as provided in article 1230 of the Civil Code, but without prejudice to the rights of third parties. (Amended by Act 3 of 1957)
801. (Repealed by Act 3 of 1957)
802. If the husband gives immovables to his wife in payment of her reprises, she must apply for and obtain a judgment of confirmation of the deed by which he does so, according to the formalities prescribed in the preceding Chapter.
803. If the amount at which the rights of the wife have been determined is not voluntarily paid, execution may be enforced as in ordinary cases.
Nevertheless, the husband may compel the wife to receive immovables in payment, at a valuation by experts, provided such immovables are available and do not prejudice her interests.