Biondo v. Biondo

99-0890 ( La. App. 1 Cir 7/31/00), 769 So. 2d 94

 

RULE:

Under Louisiana law, property of married persons is generally characterized as either community or separate. La. Civ. Code Ann. art. 2335. The classification of property as separate or community is fixed at the time of its acquisition.

FACTS:

Appellant ex-wife challenged the judgment rendered by the 17th Judicial District Court, Parish of Lafourche, Louisiana, in an action to partition the community property which existed between her and appellee ex-husband. The ex-wife had deposited her separate funds into a joint savings account and the ex-husband had participated in a deed that stated that the lot would be the ex-wife's separate property.

ISSUE:

Should funds deposited in the joint account and the lot be the ex-wife's separate property?

ANSWER:

Yes

CONCLUSION:

First, the court amended the trial court's judgment to reflect the mixed nature of the funds in one of the savings accounts which was in appellant's name, because appellant's placement of community funds into the account in which her separate funds were deposited was insufficient to convert her separate funds into community property. Such a conversion would have occurred only if her separate funds were commingled indiscriminately so that the separate funds could not be identified or distinguished from the community funds. Second, the court reversed that portion of the judgment declaring a certain lot to be community property. The court rendered judgment declaring that lot to be appellant's separate property, because appellee joined in a deed declaring that appellant was buying the lot for her separate estate with her separate funds. The judgment was otherwise affirmed, and the case was remanded.

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