Peters v. Haley - 99-0866 ( La. App. 1 Cir 05/12/00), 762 So. 2d 695

Rule:

The classification of property as separate or community is fixed at the time of its acquisition. Property acquired during the existence of the marriage through the effort, skill, or industry of either spouse is community, as is property acquired with community things or with community and separate things, unless classified as separate property under La. Civ. Code Ann. art. 2341. La. Civ. Code Ann. art. 2338. Under Article 2341, the separate property of a spouse is his exclusively, and includes property acquired by a spouse with separate things. The legal regime of community property is terminated by, among other things, a judgment of divorce. La. Civ. Code Ann. art. 2356. After termination of the community property regime, the provisions governing co-ownership apply to former community property. La. Civ. Code Ann. art. 2369.1. At that point, each spouse owns an undivided one-half interest in former community property. La. Civ. Code Ann. art. 2369.2.

Facts:

Appellant ex-husband was born and raised in Louisiana and served in the military in other states and countries. Appellant reenlisted several times, showing his mother's current Louisiana address as his home of record. In appellant and appellee ex-wife's divorce, he testified he had considered other states his domicile when living and homeowning there, and that he and appellee never lived in Louisiana as husband and wife nor were domiciled there. Appellant confirmed that during the marriage he built a house in Louisiana on property he bought and, after the divorce, built a barn and garage. The trial court declared appellee owner of a one-half undivided interest in immovable property, including the Louisiana house, and found appellant sole owner of the barn and garage built on community property. Appellant ex-husband challenged the decision. 

Issue:

Did the trial court err in declaring appellee the owner of one-half undivided interest in immovable property, including the Louisiana house? 

Answer:

No.

Conclusion:

The court affirmed. The trial court did not manifestly err to find appellant had been a Louisiana domiciliary throughout his military career. Military retirement benefits thus were community property. The house and land bought during the marriage were community property. La. Civ. Code Ann. art. 465 cmt. (c) (Rev. 1978) allowed separate ownership of land and buildings thereon.