Brehm v. Brehm

762 So. 2d 1259, 2000 WL 892730
CourtLouisiana Court of Appeal
DecidedJune 27, 2000
Docket00-CA-201
StatusPublished
Cited by8 cases

This text of 762 So. 2d 1259 (Brehm v. Brehm) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brehm v. Brehm, 762 So. 2d 1259, 2000 WL 892730 (La. Ct. App. 2000).

Opinion

762 So.2d 1259 (2000)

Carmela C. BREHM
v.
Milton L. BREHM, Jr.

No. 00-CA-201.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2000.

*1261 Jana E. Smith, Bertrand & Smith, Metairie, Louisiana, Counsel for plaintiff-appellee.

Pat M. Franz, Metairie, Louisiana, Counsel for defendant-appellant.

Court composed of Judges CHARLES GRISBAUM, Jr., MARION F. EDWARDS and CLARENCE E. McMANUS.

McMANUS, Judge.

Plaintiff, Carmella C. Brehm, and defendant, Milton C. Brehm, Jr., appeal from a district court judgment partitioning the community. For the following reasons, we affirm in part, reverse in part and render.

On appeal, Mr. Brehm assigns these trial court errors:

1. The trial court erred as a matter of law in holding that the matrimonial domicile on the separate estate of Mr. Brehm became community property through the use of community funds to construct improvements.
2. The trial court erred in holding that funds received by Mr. Brehm from his mother became commingled with community funds so as to become community property.

Ms. Brehm assigned these trial court errors:

1. In the event that this Court finds that the matrimonial domicile is Mr. Brehm's separate property, the trial court erred in failing to find that Ms. Brehm is entitled to the increased value of the property attributable to common labor of the spouses.
*1262 2. The trial court erred in finding that the money that Ms. Brehm inherited is community property.
3. The trial court erred in finding that Ms. Brehm owed reimbursement to community regime for her liquidation of the Lincoln National Life Insurance Policies.
4. The trial court erred in finding that Ms. Brehm owed reimbursement to Mr. Brehm for paying her alimony, and health and automobile insurance premiums during the pendency of the appeal on the permanent alimony issue.

FACTS

The parties, Mr. Brehm and Ms. Brehm, were married for approximately thirty years, and had four daughters. The record reflects that Ms. Brehm left the matrimonial domicile in August of 1993. On January 13, 1994, the parties were granted a judgment of divorce.

On May 17, 1994, Ms. Brehm filed a petition of community property. On March 16, 1998, the parties entered into a consent judgment which reflected those issues on which the parties agreed. On March 27, 1998, the court rendered a judgment in open court. On September 9, 1999, the court signed a written judgment in accordance with the court's oral judgment. In its judgment, the trial court ruled that the marital domicile, valued at $140,000, is community property, and that the money inherited[1] by both Mr. and Ms. Brehm is community property because it was commingled. The trial court further ruled that Ms. Brehm owes reimbursement to the community for cashing the Lincoln National Life Insurance policies in the amount of $15,856.68, subject to a credit of all fees. The trial court further ruled that Ms. Brehm owes reimbursement to Mr. Brehm for permanent periodic alimony, and health insurance and automobile insurance premiums. The trial court further ruled that Mr. Brehm is entitled to reimbursement for paying the homeowners' insurance premiums to Liberty Mutual Insurance Company (Liberty Mutual) and Prudential Property and Casualty Insurance Company (Prudential), flood insurance, property and casualty insurance, and termite and pest control costs. The trial court further ruled that the lot adjacent to 1721 High Street is Mr. Brehm's separate property. Finally, the trial court ordered that both parties be responsible for the tax consequences of the rendered judgment.

STANDARD OF REVIEW

It is well settled that a trial court has broad discretion in adjudicating issues raised by divorce and partition of the community regime. The trial judge is afforded a great deal of latitude in arriving at an equitable distribution of the assets between the spouses. Kambur v. Kambur, 94-775 (La.App. 5 Cir. 3/1/95), 652 So.2d 99, 101-102. A court of appeal may not set aside a trial court's finding of fact in absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. Rosell v. ESCO, 549 So.2d 840, 844-845 (La.1989); Madere v. Madere, 93-610 (La.App. 5 Cir. 2/9/94), 632 So.2d 1180, 1182. In light of these precepts, we will now address the specifications of error of the community property partition.

VALUATION OF MATRIMONIAL DOMICILE

Mr. Brehm argues that the matrimonial domicile did not become community property by the use of community funds to construct the house and subsequent improvements. Ms. Brehm responds that the matrimonial domicile became community property through the uncompensated labor of the spouses. She further responds that the couple re-financed the *1263 matrimonial domicile for $10,000 on August 6, 1969, and that the sale and re-sale was an act of donation which gave her an undivided half interest in the house.

The matrimonial domicile of the parties is located at 1721 High Avenue in Metairie, Louisiana. There were two adjoining, vacant lots before the parties were married. After the parties were married, they spent $23,588.93 of community funds to build a home on one of the vacant lots. There is no dispute on appeal as to the separate nature of the lots that belong to Mr. Brehm.

LSA-C.C. art. 2366 provides, in pertinent part:

Buildings, other constructions permanently attached to the ground, and plantings made on the separate property of a spouse with community assets belong to the owner of the ground. Upon termination of the community, the other spouse is entitled to one-half of the amount or value that the community assets had at the time they were used.

Since the matrimonial domicile was built with community funds on Mr. Brehm's separate property, Ms. Brehm is entitled to a claim for reimbursement for one half of the funds used to build the home. See Barr v. Barr, 613 So.2d 1159, 1164 (La. App. 5 Cir.1993); McDonald v. McDonald, 607 So.2d 984, 987 (La.App. 3 Cir.1992); Bordelon v. Cobb, 596 So.2d 268, 270 (La. App. 3 Cir.1992).

Ms. Brehm argues that she is entitled to the increased value of the property from the spouses' uncompensated labor. We disagree.

LSA-C.C. art. 2368 states:

If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.

A claimant spouse under LSA-C.C. art. 2368 has the burden of proving: (1) the property is separate, (2) the property increased in value, and (3) the increase in value was based on the uncompensated or undercompensated labor of the other spouse; the burden then shifts to the other spouse to prove that the increase in value was due to factors other than the uncompensated or undercompensated labor. Salley v. Salley, 95-0387 (La.10/16/95), 661 So.2d 437, 438; Krielow v. Krielow, 93-2539 (La.4/11/94), 635 So.2d 180, 183.

In Stubbs v. Stubbs, 610 So.2d 892 (La. App. 1 Cir.1992), writ denied,

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Cite This Page — Counsel Stack

Bluebook (online)
762 So. 2d 1259, 2000 WL 892730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brehm-v-brehm-lactapp-2000.