Short answer. Yes. Family Code Article 142 allows the court to transfer administration of a spouse's exclusive property to the other spouse “when one spouse is sentenced to a penalty which carries with it civil interdiction.” The transfer is not automatic: the court must grant it, and if you are not qualified, it appoints someone else.

What the law says

The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse

Family Code, Article 142 — Court Transfer of Administration of Exclusive Property. Read the full provision →

What the law says

When one spouse is sentenced to a penalty which carries with it civil interdiction

Family Code, Article 142 — Court Transfer of Administration of Exclusive Property. Read the full provision →

What the law says

If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.

Family Code, Article 142 — Court Transfer of Administration of Exclusive Property. Read the full provision →

Civil interdiction is one of four grounds

Article 142 lists four situations in which the court may transfer administration of a spouse's exclusive property to the other spouse. Civil interdiction from a criminal sentence is one of them, alongside the other spouse "becom[ing] the guardian of the other," being "judicially declared an absentee," or becoming "a fugitive from justice or ... in hiding as an accused in a criminal case." All four share a common thread: the spouse who would normally manage that property is, for one of these specific reasons, unable to do so, and the law provides a way for someone else to step in rather than leave the property unmanaged.

What civil interdiction as a ground means

This ground applies specifically "when one spouse is sentenced to a penalty which carries with it civil interdiction." Civil interdiction is an accessory penalty attached to certain criminal sentences, and it restricts the convicted spouse's capacity to manage their own property while it is in effect. Because that spouse can no longer properly administer their exclusive property themselves, Article 142 opens the door for the court to transfer that administration to the other spouse instead, so the property is not left without anyone able to manage it.

The transfer is not automatic

The text says the administration "may be transferred by the court" — the court has to act, and a spouse's sentence carrying civil interdiction does not by itself shift control of the property. The other spouse still has to bring the situation before the court for a transfer to actually happen. This matters because it means the transfer is a judicial act, decided on the specific circumstances, rather than something that occurs the moment the sentence is imposed.

If the other spouse cannot take over either

Article 142 also anticipates that the spouse seeking to take over may not be the right person for the job. It provides that "if the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator." So the outcome is not limited to a straight handover between spouses — if there is a real reason the requesting spouse should not be the administrator, the court can instead name someone else to manage the property until the underlying situation changes.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.