Dupree v. Dupree

948 So. 2d 254
CourtLouisiana Court of Appeal
DecidedDecember 20, 2006
Docket41,572-CA
StatusPublished
Cited by13 cases

This text of 948 So. 2d 254 (Dupree v. Dupree) 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
Dupree v. Dupree, 948 So. 2d 254 (La. Ct. App. 2006).

Opinion

948 So.2d 254 (2006)

Doris Jean Prisock DUPREE Plaintiff-Appellee
v.
John E. DUPREE, Jr. Defendant-Appellant.

No. 41,572-CA.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2006.

*255 James Willis Berry, Counsel for Appellant.

Donald L. Kneipp, Counsel for Appellee.

Before CARAWAY, DREW and MOORE, JJ.

DREW, J.

Both the ex-husband in his appeal and the ex-wife in her answer to her ex-husband's appeal asserted that the trial court erred in partitioning their former marital community property. John E. Dupree, Jr., complained that the trial court incorrectly ordered him to reimburse Doris Jean Prisock Dupree for half of her separate funds used for community expenses and in awarding his ex-wife 40 acres and a motorcycle.

According to Doris, the trial court erred in ruling she waived her claims for reimbursement of her separate funds used to extinguish community obligations after the termination of the community. In addition, Doris objected to the trial court's refusal to include certain of John's checking accounts and certificates of deposit as community property in calculating the partition. Finally, Doris asserted that the trial court incorrectly omitted the civil fruits of John's separate property as community property in allocating community assets.

In very detailed and carefully-considered reasons for judgment,[1] the trial court gave scholarly explanations for the judgment partitioning the community assets and ordering the equalizing payment from John to Doris. We amend the judgment of the trial court to increase by $9,145.52 the equalizing payment from John to Doris. In all other respects, the judgment of the trial court is affirmed.

BACKGROUND

06/02/1973               Marriage.
                         Two children born of marriage.
03/26/2001               Doris filed declaration of separateness
                         of property by which
                         she reserved as separate the civil
                         fruits derived from her separate
                         property.
03/26/2001-05/21/2003    Parties acknowledged that Doris
                         deposited separate funds of
                         $284,008.32 into community
                         checking account during that
                         period.
03/2003                  Parties separated.
05/21/2003               Doris filed for divorce.
02/07/2004               Divorce judgment terminating
                         community as of May 21, 2003.

While married to John, Doris received an inheritance from her father and donations *256 from her mother of bank stock and other assets which produced large dividends. Doris deposited the dividends into a community checking account and spent the monies on the family. John acknowledged that, from the date that Doris filed the declaration making the dividends her separate property on March 26, 2001, until the termination of the community on May 21, 2003, those deposits totaled $284,008.32. Although both spouses were signatories on the checking account, it was used almost exclusively by Doris.

During this period, John worked as a registered nurse at LSU Hospital in Monroe at a salary of some $44,000.00 per year and also farmed on the 40-acre tract in dispute. John also received an inheritance from his parents during the marriage. According to Doris, John's support of the family consisted of a monthly payment to her of approximately $1,400.00. By stipulation, the parties agreed to the value and community nature of certain assets and debts.

DISCUSSION

The property of married persons domiciled in Louisiana is either community or separate.[2] La. C.C. art. 2335. La. C.C. art. 2338 defines community property:

The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.

What constitutes separate property is set out in La. C.C. art. 2341:

The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.

Property possessed by a spouse during the existence of the community property regime is presumed community, although either spouse may prove it to be separate property. La. C.C. art. 2340. The natural and civil fruits of separate property are community property; however, a spouse may reserve them as separate property by a declaration made in authentic form effective from the date the declaration is filed in the public records. La. C.C. art. 2339. An obligation incurred by a spouse for the common interest of the spouses or for the interest of the other spouse is a community obligation. La. C.C. art. 2360. Except *257 as provided in La. C.C. art. 2363,[3] obligations incurred during the community property regime are presumed to be community obligations. La. C.C. art. 2366.

Reimbursement from the Community to Doris for Separate Funds Used

In response to Doris's claim for reimbursement from the community for half the amount of her separate funds spent for community obligations and expenses, John argued that the money was spent for exorbitant luxuries which exceeded the ordinary needs and expenses of the family. As examples, John cited:

• Doris's monthly lease payment of $1,050.00 for a large luxury model Lexus; and
• more than $10,000.00 per month Doris spent for clothing, gifts, pool expenses, furniture, landscaping, and jewelry.

Conceding the separate nature of the aforementioned dividends, John agreed that the money was Doris's to spend as she chose. Since the expenses were well beyond the needs and means of the parties, John argued that the community should not be ordered to reimburse Doris for half of the expenditures which were not ordinary expenses of the marriage.

In Doris's view, the trial court correctly found the funds were spent for community expenses and benefitted the entire family by maintaining their 4,500-square-foot residence, pool, yard, and comfortable lifestyle, along with educating their children in private schools. John for many years enjoyed the lifestyle which Doris's separate funds provided. Doris testified that John did not pay for his daughter's education or expenses or for their home and its furnishings. This permitted John to hoard his assets.

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Bluebook (online)
948 So. 2d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-v-dupree-lactapp-2006.