McCarroll v. McCarroll

680 So. 2d 681, 95 La.App. 1 Cir. 1972, 1996 La. App. LEXIS 1421, 1996 WL 375298
CourtLouisiana Court of Appeal
DecidedJune 28, 1996
DocketNo. 95 CA 1972
StatusPublished
Cited by5 cases

This text of 680 So. 2d 681 (McCarroll v. McCarroll) 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
McCarroll v. McCarroll, 680 So. 2d 681, 95 La.App. 1 Cir. 1972, 1996 La. App. LEXIS 1421, 1996 WL 375298 (La. Ct. App. 1996).

Opinions

JaLOTTINGER, Chief Judge.

This is a suit to rescind the partition of community property on the grounds that the partition agreement was lesionary.

FACTS

Plaintiff, Margarette McCarroll, and defendant, Donald McCarroll were married on July 25, 1958. At all times during the mar[684]*684riage, and until Ms retirement on July 31, 1990, Mr. McCarroll worked for Chevron Corporation. On January 28, 1980, a judgment of divorce was entered in favor of Mrs. McCarroll based on the Supplemental and Amending Petition wMch she filed on September 12,1979. Shortly before Mr. McCar-roll retired in 1990, the parties entered into a commumty property settlement agreement. The agreement, dated March 3, 1990, provides, in pertinent part:

DONALD McCARROLL takes as his part, and MARGUERITE MARTIN McCARROLL does hereby transfer to DONALD. McCARROLL, all of her right, title and interest in and to:
1. A lot 218 feet on the North side of Highway 190 by a depth of 131 feet in Section 23, TownsMp 6 South, Range 6 East, being the property purchased from Holland heirs in COB 182, Page 332 of the Livingston Parish Clerk and Recorder’s Office.
2. Any and all movable property in the name of DONALD McCARROLL or in Ms possession that was acquired during the commumty of aquets and gains.
MARGUERITE MARTIN McCAR-ROLL further acknowledges that she has received the sum of $5,000.00 in cash.
MARGUERITE MARTIN McCAR-ROLL takes as her part, and DONALD McCARROLL does hereby transfer to MARGUERITE MARTIN McCARROLL, in addition to the $5,000 previously mentioned, all right, title and interest in and to
Any and all movable property in the name of MARGUIERITE MARTIN McCARROLL or in her possession.
The remaining property belonging to the parties shall be held in indivisión.

Upon his retirement, Mr. McCarroll received benefits from Chevron’s retirement and profit sharing plans. A dispute arose as to whether the benefits were partitioned in the ^foregoing settlement, and in June of 1992, Mrs. McCarroll filed a petition for partition of commumty property. Following Mr. McCarroll’s answer, Mrs. McCarroll filed an amended petition seeking to rescind, on the basis of lesion, the commumty property settlement agreement entered into on March 3, 1990. When the matter came to trial, the trial judge bifurcated the issues first hearing the issue of whether the settlement agreement included the retirement and profit sharing benefits. Following that portion of the trial, the trial judge, in his reasons for judgment stated that:

After a careful review of the testimony, the record, and the parole evidence presented in conjunction with the March 30, 1990, Commumty Property Settlement executed by both parties, the Court finds from the most credible evidence, that the parties intended to partition all commumty property, mcluding all movables, immov-ables, corporals, incorporáis, save and except oMy the commumty home. The parole evidence clearly established that the plaintiff, Margarette McCarroll, was to and did receive the exclusive use of and possession of the family home.

The trial judge then heard testimony on the second issue regarding recission of the property settlement on the basis of lesion. Following tMs portion of the trial, the trial judge concluded that the commumty was effectively terminated on November 16, 1976, that the fair rental value of the commumty home was $425.00 per month and the fair market value of the home was $52,500.00. The trial judge also concluded that the settlement was not lesionary, that Mrs. McCarroll was not entitled to reimbursement for maintenance of the commumty home, but that both parties were entitled to reimbursement for monthly house payments. Finally, the trial judge issued directives for the partition of the commumty home.

Mrs. McCarroll appealed raising eight assignments of error which can be summarized .as follows:

(1) Whether the trial judge erred in allowing parole evidence.
(2) Whether the Chevron benefits and the rental value of the home should have been considered as part of the commuMty property settlement agreement.
(3) When did the commumty property regime terminate.
[685]*685(4) Whether the trial judge erred in calculating the rental amount and in failing to allow Mrs. McCarrolTs reimbursement claims.
(5) Whether the trial judge erred in his lesion analysis.
14(6) Whether all community property should have been partitioned by the trial judge.

ISSUES ONE AND TWO

Mrs. McCarroll contends that the agreement was by authentic act and is therefore full proof between the parties. Thus, the trial judge erred in allowing parol evidence to vary the terms of the contract to include the Chevron benefits and the rental value of the family home.

The community property settlement agreement is in authentic form, having been executed before a notary public and two witnesses in conformity with La.Civ.Code art. 1833. Therefore, under La.Civ.Code art. 1835 the document is full proof of the agreement between the contracting parties. Courts are bound to give legal effect to such written contracts according to the true intent of the parties, and this intent is to be determined by the words of the contract when they are clear, explicit, and lead to no absurd consequences. Oberfell v. Oberfell, 516 So.2d 424, 425 (La.App. 1st Cir.1987). The meaning and intent of the parties to a written contract must be sought within the four corners of the instrument and cannot be explained or contradicted by parol evidence. La.Civ.Code art. 1848; Oberfell, 516 So.2d at 425. However, when the terms of a contract are susceptible to more than one meaning, or there is uncertainty or ambiguity as to its provisions, or the intent of the parties cannot be ascertained from the language, parol evidence is admissible to clarify the ambiguity or show the intention of the parties. Hebert v. Neyrey, 432 So.2d 396, 399 (La.App. 1st Cir.1983), modified, 445 So.2d 1165 (La.1984).

In the instant ease, the terms of the community property settlement agreement do not itemize the specific property to be partitioned. While the agreement divides “all movable property,” such a generic phrase should not be read to automatically include retirement and profit sharing benefits. Because of the uncertainty regarding the inclusion of these benefits, the trial judge properly admitted parol evidence to determine whether the parties intended to divide this asset.

Upon considering the parol evidence offered by both parties, the trial judge found that the parties intended to partition all the community property, including the retirement and profit sharing benefits, save and except the community home. The trial judge further found, that as additional consideration for the settlement, Mrs. McCarroll was granted exclusive use and | gpossession of the family home.

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

Related

Hill v. Iasis Glenwood Regional Medical
195 So. 3d 536 (Louisiana Court of Appeal, 2016)
Salomone v. Greater Gulf Coast Auto Auctions, Inc.
115 So. 3d 1177 (Louisiana Court of Appeal, 2013)
Ashmore v. Ashmore
80 So. 3d 693 (Louisiana Court of Appeal, 2011)
Debra D. Ashmore v. Merrell D. Ashmore
Louisiana Court of Appeal, 2011
Abadie v. Markey
710 So. 2d 327 (Louisiana Court of Appeal, 1998)
McCarroll v. McCarroll
701 So. 2d 1280 (Supreme Court of Louisiana, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
680 So. 2d 681, 95 La.App. 1 Cir. 1972, 1996 La. App. LEXIS 1421, 1996 WL 375298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarroll-v-mccarroll-lactapp-1996.