158

The husband or wife of the absentee who wishes to continue enjoying the benefits derived from the community of property and matrimonial gains, may prevent the provisional possession or exercise of all the rights which may depend upon the death of the absentee, and claim and preserve for himself or herself, in preference to any other person, the administration of the estate of his or her absent husband or wife.If, on the contrary, the husband or wife of the absentee prefers to have such community dissolved, he or she may exercise all the rights belonging to him or her, first giving sufficient security for such things as may be liable to be restored.The wife of the absentee who shall have elected to continue the community of property or gains which she may have with her husband may, nevertheless, renounce the same afterwards. History —Civil Code, 1930, § 50.