Craft v. Craft

914 So. 2d 648, 2005 La. App. LEXIS 2241, 2005 WL 2758035
CourtLouisiana Court of Appeal
DecidedOctober 26, 2005
DocketNo. 40,344-CA
StatusPublished
Cited by1 cases

This text of 914 So. 2d 648 (Craft v. Craft) 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
Craft v. Craft, 914 So. 2d 648, 2005 La. App. LEXIS 2241, 2005 WL 2758035 (La. Ct. App. 2005).

Opinion

CARAWAY, J.

_[jFollowing their 27-month marriage and divorce, the parties brought this community property partition action pursuant to La. R.S. 9:2801 in which they disputed certain reimbursement claims regarding the husband’s business which was his separate property and the assets and liabilities of the community. The trial court awarded reimbursement on certain claims in favor of the wife and the husband appeals. With an amendment to the amount of one reimbursement award, we affirm the trial court’s ruling.

Facts

Afred M. Craft (“Afred”) and Connie Faye Cantrell Craft (“Connie”) were married on January 29, 1999, and separated on March 5, 2001. On May 15, 2001, Connie filed a petition seeking a divorce on the basis of La. C.C. art. 102. The resulting divorce judgment in January 2002 terminated the community property regime as of May 15, 2001.

In this suit initiated by Afred, the pretrial pleadings indicated that the parties acquired very few assets during their short marriage. The suit therefore involves certain reimbursement claims asserted by the parties arising out of their matrimonial regime.

At trial, the primary issues raised by the parties which now are the subject of Afred’s appeal were: (1) one-half of the increased value of Afred’s separate business, Bo Construction and Dirt Co., Inc.; (2) one-half of the payments made with community funds towards Afred’s separate obligations; (3) one-half of the value of a 1990 Ford Taurus which was purchased during the marriage and retained by Connie; and (4) one-half of 12the Discover credit card debt of $5,538.93. The trial court entered judgment in Connie’s favor awarding her a total reimbursement amount of $10,795.31, which relates primarily to the above disputed items.

Discussion

In a suit pursuant to La. R.S. 9:2801 following the termination of the marriage, the court resolves the claims between spouses arising from the matrimonial regime and partitions the community property. In allocating the former spouses’ community assets and liabilities, the court may divide a particular asset or liability equally or unequally or may allocate it in its entirety to one of the spouses. The court must consider the nature and source of the asset or liability, the economic condition of each spouse and any other circumstance the court deems relevant. La. R.S. 9:2801; Ellington v. Ellington, 36,943 (La.App. 2d Cir.3/18/03), 842 So.2d 1160, writ denied, 03-1092 (La.6/27/03), 847 So.2d 1269. The court is required to divide the community assets and liabilities so that each spouse receives property of an equal net value. In order to avoid an unequal net distribution of assets and liabilities, the court may order the payment of an equalizing sum of money. La. R.S. 9:2801.

A district court’s findings of fact are not to be disturbed on appeal unless they are clearly wrong or manifestly erroneous. Stobart v. State, Through Department of Transportation & Development, 617 So.2d 880 (La.1993). Reversal is warranted only if the court finds that a reasonable factual basis for the district court’s finding does not exist in the record and that the 13Snding is clearly wrong on the record. Pinsonneault v. Merchants & Farmers Bank & Trust Company, 01-2217 (La.4/3/02), 816 So.2d 270.

Alfred’s Business

Afred argues that the trial court erred in granting Connie reimbursement in the amount of $3,526.84 (one-half of $7,053.67) for an increase in the value of [651]*651his construction and dirt work business. Prior to the marriage and throughout its existence, Alfred was the sole proprietor of the business which owned and operated excavators and dirt moving/hauling equipment.

At trial, Alfred presented the testimony of his accountant, Judy Garrett (“Garrett”), who was familiar with his business. Garrett prepared the corporate and individual tax returns throughout the time of the marriage, and those returns were filed into evidence. Garrett also prepared a comparative balance sheet for the business, showing its assets, liabilities and equity at the beginning of the marriage and at the time of termination of the community. Garrett testified that the major assets of the business were its heavy equipment, all of which was bought in 1996 and 1997 before the marriage. The balance sheet reflects that during the community, the value of the equipment was reduced by $113,995.74 to a total of $326,623.45 due to the accounting for depreciation placed on the equipment. During the same time period, the principal of the business indebtedness 1 was reduced $98,919.31 and the cash assets increased $22,130.10. Without taking into ^account whether the accelerated depreciation allowances employed in the accounting reflect the actual value of the business equipment, the above accounting data produced a $7,053.67 gain in the retained earnings and total equity of Alfred’s business. That was the precise amount utilized by the trial court in making the reimbursement award to Connie.

Additionally, the evidence shows that the business only paid Alfred an annual salary of approximately $12,000. The evidence also indicated that he received from his business an additional amount for rental income relating to his home office. Nevertheless, his total income from the business was always under $20,000 annually. The other labor costs of the business as reflected on its tax returns were very low, indicating that Alfred primarily performed the work for conducting the business. Thus, Alfred’s income attributable to the community regime was low when compared to the $550,000 (approx.) in gross receipts for the business as shown on the two corporate tax returns for the time during the marriage.

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. La. C.C. art. 2368. A separate obligation of a spouse is one incurred by that spouse prior to the establishment of a community property regime, or one incurred during the existence of a community property regime though not for the common interest of the spouses or for the interest of the other spouse. La. C.C. art. 2363. If community property has been used to satisfy La separate obligation of a spouse, the other spouse is entitled to reimbursement upon termination of the community to one-half of the amount or value that the community property had at the time it was used. La. C.C. art. 2364. Nevertheless, interest on a separate debt is chargeable to the community where the debt is part of the price of (or secured by mortgage on) separate property which itself produces revenue. Gill v. Gill, 39,406 (La.App. 2d Cir.3/9/05), 895 So.2d 807; Hurta v. Hurta, 260 So.2d 324 (La.App. 4th Cir.1972). Wages are the premier [652]*652community asset acquired through the effort, skill or industry of either spouse. Ross v. Ross, 02-2984 (La.10/21/03), 857 So.2d 384, 390 quoting Katherine W. Spaht and W. Lee Hargrave, Matrimonial Regimes, in 16 Louisiana Civil Law Treatise § 3.3, at 48 (2d ed.1997); La. C.C. art. 2338.

Based upon the above, the trial court concluded that Alfred had paid himself only a nominal salary and that the unpaid income was retained in the business and used to decrease the business’s considerable debt and increase Alfred’s equity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harriss v. Harriss
204 So. 3d 209 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
914 So. 2d 648, 2005 La. App. LEXIS 2241, 2005 WL 2758035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-craft-lactapp-2005.