Hand v. Hand - 1999-2420 ( La. App. 1 Cir 12/20/02), 834 So. 2d 619

Rule:

Under Louisiana classification law, property acquired through the effort, skill, or industry of either spouse; and all other property not classified by law as separate property, is classified as community property. La. Civ. Code Ann. art. 2338. Separate property includes property acquired by a spouse prior to the establishment of a community property regime. La. Civ. Code Ann. art. 2341.

Facts:

The parties were married in South Carolina and lived together in England. The wife lived separately in South Carolina and the husband lived separately in Louisiana. The wife never visited or resided in Louisiana. The husband filed for divorce in Louisiana. During the divorce proceedings, the wife filed a reconventional demand claiming an interest in the husband's movable assets, for mismanagement of community assets, and other claims. The district court held that there was no community and granted judgment for the husband. The wife sought review and the Louisiana Supreme Court remanded on the issue of whether the wife's claims stated a cause of action under La. Civ. Code Ann. art. 3523.

Issue:

In the absence of a community property regime, did the wife state a cause of action under La. Civ. Code Ann. art. 3523 et seq., for movables acquired before the marriage and movables acquired while the husband was domiciled in Louisiana? 

Answer:

No.

Conclusion:

The appellate court found that the property acquired by the husband while he resided in Louisiana was acquired outside of a community property regime and under La. Civ. Code Ann. arts. 2341, 3523, those movable were the husband's separate property. According to the court, there was no basis or legal remedy in Louisiana law for the wife's claim to premarital property and the premarital movables were the husband's separate property under La. Civ. Code Ann. arts. 2338, 2341. In the absence of the existence of community property, the wife failed to state a claim for the husband's mismanagement of community assets.