Martin v. Martin

38 So. 3d 1174, 2009 La.App. 1 Cir. 1960, 2010 La. App. LEXIS 783, 2010 WL 2109366
CourtLouisiana Court of Appeal
DecidedMay 26, 2010
Docket2009 CA 1960
StatusPublished
Cited by2 cases

This text of 38 So. 3d 1174 (Martin v. Martin) 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
Martin v. Martin, 38 So. 3d 1174, 2009 La.App. 1 Cir. 1960, 2010 La. App. LEXIS 783, 2010 WL 2109366 (La. Ct. App. 2010).

Opinions

GAIDRY, J.

12This matter arises from personal loans and guarantees made by a father for the benefit of his son, then a resident of Mississippi. Following the son’s divorce in Louisiana, the father sued his son and former daughter-in-law for the amounts due for the unpaid loans and guarantees. The trial court rendered judgment against his son and former daughter-in-law, finding them solidarily liable for the debt, which the court held was a community obligation. The former daughter-in-law appeals the judgment. For the following reasons, we amend the trial court’s judgment and affirm it as amended.

FACTUAL AND PROCEDURAL BACKGROUND

Wade Martin, a Louisiana native, and Maria Blackburn Martin (appellant), a Mississippi native, were married on June 15,1999 in Tylertown, Mississippi and subsequently established their matrimonial domicile there. While residing in Mississippi, Wade Martin decided to start a trucking business. On September 5, 2002, he borrowed $25,700.00 for the purchase of a truck and other associated expenses from State Bank and Trust Company of Golden Meadow, Louisiana. Wade Martin executed a promissory note in favor of the bank, and the loan was secured by money belonging to his father, Michael Martin (appellee), on deposit at the bank in an account under the names of Michael Martin’s parents.1 Because of the need for additional funds for engine repairs, the [1176]*1176loan was modified, or a novation was agreed upon, whereby the note was can-celled and a new note evidencing a loan for the original amount and an additional $7,253.99 was executed by Wade Martin on September 28, 2002, again with his father’s money on deposit used as collateral. Shortly thereafter, appellee made a | apersonal cash loan to Wade Martin in the amount of $13,846.01 for additional business startup expenses. The total of the amounts borrowed was $46,800.00.

Mr. and Mrs. Martin later moved to Lafourche Parish in this state in December 2003 and established their domicile there. The couple separated in May 2005, and they were divorced by judgment of the 17th Judicial District Court for the Parish of Lafourche on February 2, 2006.

It is undisputed that Wade Martin failed to make any payment on the bank loans or on the personal loan from his father. As the result of Wade Martin’s default, his father’s funds serving as collateral were seized by the bank. After sending an initial demand letter seeking an overdue balance of $39,629.25 on November 14, 2005, appellee sent another demand letter on February 6, 2006, demanding the sum of $47,500.00 from both Wade Martin and appellant, Wade Martin’s ex-wife.

On June 1, 2006, appellee filed suit against Wade Martin and appellant seeking recovery of the sum of $47,500.00 allegedly due him for the loans made by Wade Martin. On June 15, 2006, appellant filed her answer, denying the allegations and her liability to appellee. Wade Martin, then residing in Alabama, filed an answer on October 23, 2006, admitting the allegations and that he and appellant owed the debt.

In December 2006, Wade Martin and appellant agreed to a “Settlement of Community Property,” or extrajudicial partition, wherein they partitioned various assets and liabilities between them, with the exception of the obligation forming the basis of the present action. In that regard, the settlement provided:

The parties acknowledge that the issue of community indebtedness allegedly due Michael Martin for monies allegedly loaned by him during the existence of the community 14for general and/or business purposes of the parties is being litigated in that matter entitled “Michael Martin v. Wade Martin and Maria Martin”, No. 103787, 17th JDC, Parish of Lafourche. The parties further agree that they will defer any apportionment between them of responsibility for this alleged debt to that cause of action, such that the issue of whether the debt is due, in what amount, and in what proportion, shall be determined in that suit.

Appellee, as a third party, was not a party to the foregoing agreement.

A bench trial was conducted on April 6, 2009 and July 8, 2009. At the conclusion of the trial, and following closing argument, the trial court issued its oral reasons and ruling. In its oral reasons, the trial court concluded that “the parties by consent agreement have thrust the issue of [the character] of that debt onto this court” and that the debt was a “community debt,” because “it clearly was done during the community.” The trial court accordingly ruled that both Wade Martin and appellant were liable in solido to appellee. The trial court’s judgment in accordance with its ruling was signed on July 9, 2009.

Appellant now appeals the judgment finding her liable to appellee.

ASSIGNMENTS OF ERROR

We paraphrase appellant’s assignments as follows:

1. The trial court committed legal error in failing to apply conflict of laws prin[1177]*1177ciples and the law of Mississippi in determining the character of the debt at issue, in that the debt was incurred while Wade Martin and appellant were domiciled in Mississippi and before they established their community of acquets and gains in Louisiana; and

2. Even if Louisiana law applied to determine the character of the debt, the trial court committed manifest error in finding that the debt was a community obligation, rather than a separate obligation of Wade Martin, and in finding appellant solidarily liable for the debt.

| .ANALYSIS

The legal regime of community of acquets and gains applies to spouses domiciled in this state, regardless of their domicile at the time of marriage or the place of celebration of the marriage. La. C.C. art. 2334. Thus, despite the fact that they were married and initially resided in Mississippi, Mr. and Mrs. Martin’s matrimonial regime became one of community property upon their establishing their domicile in this state in December 2003.

An obligation incurred by a spouse prior to the establishment of a community property regime is a separate obligation. La. C.C. art. 2363. But we emphasize that this general rule of law applies only with regard to a debt incurred by a spouse subject to the Louisiana law of matrimonial regimes; it does not, and cannot, regulate the character of the debt as between spouses domiciled in another state.

Appellant cites La. C.C. art. 3523 for the principle that “the rights and obligations of spouses with regard to movables, wherever situated, acquired by either spouse during marriage are governed by the law of the domicile of the acquiring spouse at the time of acquisition.” This rule by its terms applies only to the respective rights of spouses to movable assets, rather than liabilities, vis-a-vis each other. The nature and terms of any obligation owed to appellee by Wade Martin and appellant must instead be determined by reference to other codal articles governing conflict or choice of laws.

Louisiana Civil Code article 3537 sets forth the general rule to resolve conflict of laws relating to contracts. It provides:

Except as otherwise provided in this Title, an issue of conventional obligations is governed by the law of the state whose policies would be most seriously impaired if its law were not applied to that issue.

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Related

Neivens v. Estrada-Belli
228 So. 3d 238 (Louisiana Court of Appeal, 2017)
Martin v. Martin
38 So. 3d 1174 (Louisiana Court of Appeal, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
38 So. 3d 1174, 2009 La.App. 1 Cir. 1960, 2010 La. App. LEXIS 783, 2010 WL 2109366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-lactapp-2010.