Moore v. Moore

917 So. 2d 1126, 2005 La. App. LEXIS 2584, 05-0290 (La. App. 3 Cir. 11/02/05);

 

RULE:

The Court of Appeals of Louisiana has held that La. Civ. Code Ann. art. 2365, providing for reimbursement to a spouse where the separate property of that spouse has been used to satisfy a community obligation, pertains solely to debts paid during the marriage, and not to those paid after termination of the community. Additionally, the Court has adhered to its prior jurisprudence that held that a spouse is not entitled to reimbursement for payments made on a note on a community vehicle following termination of the community when the spouse who made the payments also had the exclusive use of the vehicle. 

FACTS:

The district court partitioned the community property of a husband and wife and ordered the husband to pay the wife an equalizing payment with interest. the husband appealed, stating that no stipulation was ever signed, and that the reimbursements to the wife were incorrect. he wife appealed the refusal to award prejudgment interest. 

ISSUE:

Did the court err when it awarded the wife reimbursement for the mortgage payments and the refusal to award prejudgment interest?

ANSWER:

No.

CONCLUSION:

The court held that the liabilities were assigned correctly. All the liabilities were contained within a stipulation, though not signed, was was recited in open court without any objection.

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