Knighten v. Knighten

809 So. 2d 324, 2001 WL 1148930
CourtLouisiana Court of Appeal
DecidedSeptember 28, 2001
Docket2000 CA 1662
StatusPublished
Cited by12 cases

This text of 809 So. 2d 324 (Knighten v. Knighten) 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
Knighten v. Knighten, 809 So. 2d 324, 2001 WL 1148930 (La. Ct. App. 2001).

Opinion

809 So.2d 324 (2001)

Curtis E. KNIGHTEN
v.
Annie Bell Morrison KNIGHTEN.

No. 2000 CA 1662.

Court of Appeal of Louisiana, First Circuit.

September 28, 2001.
Writ Denied January 4, 2001.

*326 James C. Dixon, Baton Rouge, for Plaintiff/Appellant, Curtis E. Knighten.

Dorsey C. Martin, III, Baton Rouge, for Defendant/Appellee, Annie Bell Morrison LeBlanc.

Before: CARTER, C.J., PARRO, and CLAIBORNE,[1] JJ.

*327 CARTER, C.J.

This is an appeal from a judgment partitioning the community property of plaintiff, Curtis E. Knighten, and defendant, Annie Bell Morrison LeBlanc (Ms. Le-Blanc).[2] Mr. Knighten appeals from several aspects of the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Mr. Knighten and Ms. LeBlanc were married in June 1956. Ms. LeBlanc began working for the Louisiana Department of Public Safety and Corrections (DPSC) and participating in the Louisiana State Employees' Retirement System (LASERS) in 1967. Mr. Knighten filed a petition for divorce, and a judgment of divorce was granted in February 1986. The community property regime was terminated retroactive to the date the petition for divorce was filed, October 29, 1985.

Mr. Knighten filed a petition for judicial partition of community property and a detailed descriptive list of the community property and debts in September 1986. Ms. LeBlanc answered the petition and filed a traversal of Mr. Knighten's detailed descriptive list, along with her own detailed descriptive list. The parties conducted discovery during the next year. The record reflects that after the 1987 discovery requests, there was no action on the partition petition, other than a motion to substitute counsel, for ten years.

Ms. LeBlanc was eligible to retire in September 1994. Instead, Ms. LeBlanc entered the Deferred Retirement Option Plan (DROP) on September 26, 1994. During her participation in DROP, Ms. LeBlanc continued working for DPSC and earning her regular salary. During this same time, LASERS deposited a monthly retirement benefit into an individual DROP account for Ms. LeBlanc. Upon termination of her state employment, Ms. LeBlanc, or Ms. LeBlanc and Mr. Knighten, would be entitled to receive the sums deposited into her DROP account. She completed her participation in the DROP program on September 25, 1997. However, she chose to continue working for DPSC and once again began contributing to LASERS.

Trial on the partition of community property was held in January 2000, at the conclusion of which, the trial court rendered the judgment from which Mr. Knighten appeals. This judgment classified and valued several assets and obligations and ordered reimbursements and other credits related to contested assets and obligations, and allocated the assets and obligations.

On appeal, Mr. Knighten complains about four particular aspects of the judgment. One of his complaints pertains to the trial court's order that Mr. Knighten reimburse Ms. LeBlanc for one-half of certain expenses she incurred with respect to the family residence. Other aspects of the judgment about which Mr. Knighten complains include the trial court's valuation of the family residence at $114,000, classification of a life insurance annuity policy as community property and valuation of it at $18,000, and classification of retirement benefits in Ms. LeBlanc's DROP account as her separate property. Because of these alleged errors, Mr. Knighten contends that the amount of the equalizing payment Ms. LeBlanc was ordered to pay Mr. Knighten is insufficient.

REIMBURSEMENT CLAIMS FOR REPAIR/MAINTENANCE/REPLACEMENT WORK AT FAMILY RESIDENCE

In this assignment of error, Mr. Knighten complains that the trial court erred in *328 ordering him to reimburse Ms. LeBlanc for one-half of the expenses she incurred to make repairs and improvements to the family residence after the termination of the community property regime. The contested repairs and improvements include floor replacement, tree removal, gutter replacement, furnace repair and/or replacement, garage door replacement and air conditioning unit repairs and/or replacement.

Expenses incurred between the termination of the community and partition of the community are awarded only when the party claiming reimbursement can prove that the work was necessary and that such work enhanced the value of the property. Kline v. Kline, 98-1206, p.5 (La.App. 3rd Cir.2/10/99), 741 So.2d 670, 672. Between the termination of a community property regime and partition, the spouse in possession of former community property has a duty to preserve the property in the manner in which it was always kept. See Norman v. Norman, 99-2750, pp.11-12 (La.App. 4th Cir.7/12/00), 775 So.2d 18, 25. This duty is based on Louisiana Civil Code article 2369.3, which provides in pertinent part:

A spouse has a duty to preserve and to manage prudently former community property under his control ... in a manner consistent with the mode of use of that property immediately prior to termination of the community regime. He is answerable for any damage caused by his fault, default, or neglect.

The comments to this article explain that unlike ordinary co-owners, this article imposes a higher and affirmative duty of care for the management of former community property since the presumption that a spouse will act in the best interest of the community no longer exists. LSA-C.C. art. 2369.3, comment (1)a. Moreover, comment (f) recognizes that a spouse who incurs expenses in compliance with the obligation imposed by this article is entitled to reimbursement for one-half the costs in accordance with the general principles of the law of co-ownership found in LSA-C.C. art. 806. Kline, 741 So.2d at 673.

Relying on a general co-ownership provision, LSA-C.C. art. 806,[3] Mr. Knighten argues that because Ms. LeBlanc was the co-owner with enjoyment of the thing held in indivision (the family residence), her reimbursement should be reduced in proportion to the value of her enjoyment. Thus, Mr. Knighten asserts that the trial court should have applied Article 806 and denied Ms. LeBlanc's reimbursement claims. Ms. LeBlanc notes that the failure to pay these expenses would have made her vulnerable to a claim for mismanagement under Article 2369.3. She further asserts that the "special provisions" referred to in LSA-C.C. art. 2369.1[4] work in *329 conjunction with each other to protect the occupying spouse from the normal co-ownership rules such as Article 806.

We find that the trial court had sufficient evidentiary support to order reimbursement of Ms. LeBlanc's expenses for the repair/maintenance/replacement work about which Mr. Knighten complains on appeal. Ms. LeBlanc testified in detail about why the different expenses were incurred. According to Ms. LeBlanc, work was performed on the kitchen and utility room floors because the wooden seals beneath the kitchen floor needed to be replaced and the utility room floor was buckling. The trees had to be removed because they had deteriorated. When the gutters quit working properly, Ms. Le-Blanc called the man who had always been called for gutter problems in the past. He determined that replacing the gutters was necessary. The furnace went out and was deemed unfixable by a professional repairman. This required the replacement of the coils and blower in the heating unit. The wooden garage door was not working and posed a threat of injury; therefore, Ms. LeBlanc had it replaced.

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Bluebook (online)
809 So. 2d 324, 2001 WL 1148930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knighten-v-knighten-lactapp-2001.