Ritz v. Ritz

666 So. 2d 1181, 1995 WL 734453
CourtLouisiana Court of Appeal
DecidedDecember 13, 1995
Docket95-CA-683
StatusPublished
Cited by9 cases

This text of 666 So. 2d 1181 (Ritz v. Ritz) 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
Ritz v. Ritz, 666 So. 2d 1181, 1995 WL 734453 (La. Ct. App. 1995).

Opinion

666 So.2d 1181 (1995)

Carolyn Rapier RITZ
v.
Craig Joseph RITZ.

No. 95-CA-683.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 1995.
Writ Denied March 8, 1996.

Dennis M. Laborde, Baldwin & Haspel, New Orleans, for Defendant/Appellant, Craig Joseph Ritz.

Robert G. Creely, Amato & Creely, Gretna, for Plaintiff/Appellee, Carolyn Rapier Ritz.

Before BOWES, DUFRESNE and GOTHARD, JJ.

BOWES, Judge.

Defendant/appellant, Craig Ritz, appeals a judgment of the district court in favor of Carolyn Rapier Ritz, finding that the pre-nuptial contract between the parties was null and void ab initio. We affirm.

FACTS AND TESTIMONY

Craig Ritz and Carolyn Rapier were married on April 28, 1985, of which marriage no children were born. Mrs. Ritz filed for divorce in 1993 and the parties were divorced in 1994. Mr. Ritz filed a petition to partition the jointly owned property, alleging that while the couple lived together under a regime of separate property by virtue of a pre-marital contract, nevertheless, there was some property that was jointly owned.

Thereafter, Mrs. Ritz filed a motion to determine the validity of the marriage contract and requested the court to sever the issue of the contract from the partition of property matter still pending. The court granted this motion and a trial on the merits relative to the validity of the contract only commenced on October 31, 1994 and concluded on February 21, 1995. In April 1995, the court rendered judgment, concluding that the contract was null and void because one of the signatory witnesses to the contract testified that he signed as a witness after the marriage ceremony and outside the presence of the two principals; therefore, the court concluded that the contract did not fulfill the requirements of an authentic act as set out in La.C.C. art. 1833, infra.

Defendant appeals, averring that the court erred in failing to find the contract valid as *1182 either an authentic act, or an act under private signature.

EVIDENCE AND TESTIMONY

At the hearing, Craig Ritz testified that he and Carolyn Rapier Ritz entered into a prenuptial agreement on April 18, 1985, prior to their marriage, in the office of his attorney, Ernest Burguieres. The agreement was introduced into evidence, showing that on April 18, 1985, Carolyn Rapier and Craig Ritz agreed to be separate in property. It was witnessed by Charles Healy and Geraldine Delatte, and Burguieres signed as the notary public. At that time, both parties received copies of the agreement, but Mr. Ritz admitted that he did not record the agreement until April of 1993, shortly before divorce proceedings commenced. He stated that he recorded it at that time in order to protect any third parties from whom Mrs. Ritz might try to borrow money. Mrs. Ritz, who was also her husband's accountant, had had power of attorney in regard to Mr. Ritz's checking account prior to the marriage but, after the wedding, she had her name added to the account as a principal or co-owner. Mr. Ritz had numerous other investment accounts which were not maintained separately, but were also joint accounts with Mrs. Ritz; and he admitted to writing his will in which he left all of his property "both my community and separate property" to Carolyn: "I understood that if I ever did have community property I would leave that to her ...".

A copy of the will, along with several acts of sale of various properties to Mr. and Mrs. Ritz, were admitted into evidence. None of the acts of sale contained any language which made any reference to a separate property regime between the Ritzs, although one sale from Mr. Ritz (as seller) contained a declaration that Carolyn acknowledged the separate nature of that property. Mr. Ritz explained that the property sold was acquired by him before his marriage. Financial statements filled out and signed by Mr. and Mrs. Ritz showed numerous assets listed as "community" assets. Numerous stock certificates were issued to Craig J. Ritz and Carolyn Ritz, none of which existed prior to the marriage. At no time did Mr. Ritz tear up or rescind the pre-nuptial agreement and Mrs. Ritz handled all the business and paid all the bills.

Carolyn Ritz testified that on the night before the wedding, Craig gave her a marriage contract at their home and told her that he would not marry her unless she signed this contract, so she did sign six copies of the document. She testified that at that time, their were no other signatures on the contract and no one else was present. She did not know when anyone else signed the documents, except from the information learned from hearing the various depositions taken of the other alleged witnesses to the contract.

Mrs. Ritz further stated that after the wedding, Craig questioned her as to why she was keeping things separate, and she alluded to the marital contract. He then agreed to destroy all copies of the contract and had Mr. Burguieres come to the house one evening to tear them up. However, Craig did not let her examine the documents before he tore them up. After that episode, the couple handled everything as community property. In 1988, when the marriage was shaky, she asked an attorney to check the public records for her and discovered then that no pre-marital contract had been recorded.

Mary Healy, an acquaintance of the couple, attended the wedding in April 1985. She testified that she and her husband, Charles, arrived late for the ceremony, and then later attended the reception. As they entered the hotel, Mr. Burguieres came up to Charles and asked him to witness a signature on a marriage contract. (This statement was admitted in evidence on a proffer). She said she advised her husband not to get involved since the couple was already married. He (Charles) did not sign the paper at that time—but later, at the reception, she saw him sign a document at a table with Mr. Burguieres. She admitted, however, she had not read the document that she saw her husband sign.

Charles Healy testified that he did not recall going to the attorney's office to sign any pre-nuptial agreement. At the reception, he saw Mr. Burguieres who "might have asked me if I could witness a document." He identified the pre-nuptial contract as the *1183 one he believed he signed at the wedding reception, although he did not read the document at the time he signed it. He recalled a conversation prior to the wedding in which Carolyn and Craig discussed the contract but, on redirect examination, he stated that the recollection "came to me in a vision."

He further admitted that he and Mr. Ritz owned a piece of property together which Mr. Ritz "suddenly" did not want to sell, and that Mr. Ritz "was inferring that ... my testimony was needed, that he couldn't make any decisions on a business scale on this property until after this wedding situation ended." Upon questioning from the court, Mr. Healy stated that it was his impression that the document he signed at the wedding reception was the marriage contract.

Sylvia Landry, the attorney who prepared Mr. Ritz's will, testified that Mr. Ritz specifically told her that he had community property with Mrs. Ritz, and that they had co-mingled his separate property. She asked him about an alleged pre-nuptial agreement and he told her that they had "torn that up" and that "it wasn't good anyway, because we hadn't done it right." Ms. Landry also executed an act of sale to Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
666 So. 2d 1181, 1995 WL 734453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritz-v-ritz-lactapp-1995.