From my research, in Louisiana (community property state), each spouse can act alone in managing, controlling, or disposing of community property unless otherwise provided by law. I didn't find any clause about unearned income not being characterized as community property.

My question is this: Since I do not need the spouse's signature to consider the income, since the applicant has a right to use it, under Reg B 202.7(d)(5)(2) can I still require it?

I didn't find any clause about unearned income not being characterized as community property.

No - it does not meet the conditions outlined in the commentary:

"If the applicant relies on the spouse’s future earnings that as a matter of state law cannot be characterized as community property until earned, the creditor may require the spouse’s signature,"

Regardless, I would not be doing this without a rock solid legal opinion in my back pocket.

Thank you for your help!