Salley v. Salley

661 So. 2d 437, 1995 WL 606760
Supreme Court of Louisiana·Decided October 16, 1995·No. 95-C-0387·Published·Cited by 12 cases

Opinion

661 So.2d 437 (1995)

Sheila SALLEY
v.
Richard SALLEY.

No. 95-C-0387.

Supreme Court of Louisiana.

October 16, 1995.
Rehearing Denied November 17, 1995.

W. Bernard Kramer, Alexandria, for Applicant.

Steven P. Mansour, Alexandria, for Respondent.

KIMBALL, Justice.[*]

Sheila Salley ("Sheila"), plaintiff/appellant, and Richard Salley ("Richard"), defendant/appellee, *438 were married on November 24, 1973. The couple separated on May 17, 1991, and filed for divorce on May 21, 1991. A judgment of divorce was rendered on January 6, 1992. On January 11, 1993, Sheila instituted this action to partition community property, alleging proceeds from the redemption of stock owned by Richard were community property. The trial court ruled in favor of Richard, and the third circuit court of appeal affirmed. Salley v. Salley, No. 94-418 (La.App. 3 Cir. 11/23/94), 647 So.2d 1164. We granted writs to determine the proper allocation of the burden of proof under Krielow v. Krielow, 93-2539 (La. 4/11/94), 635 So.2d 180, to proceeds of a stock redemption in a closely held family corporation. Salley v. Salley, No. 95-0387 (La. 4/7/95), 652 So.2d 1339.

FACTS

Richard began work with James Salley, Inc., a family-owned chain of food stores, in 1972 as a stockboy. He later worked as a cashier, as a clerk in the produce department and in the meat department, and as a manager of a store. Richard eventually became president of James Salley, Inc.

Richard's parents, James W. Salley, Sr. and Mildred Salley, owned and operated James Salley, Inc. At various times from December 1972 to 1982, James and Mildred Salley donated to Richard a total of 370 shares in the corporation. These shares were valued at $37,000.00.

In June of 1986, Richard and his father redeemed their James Salley, Inc. stock to the corporation. As a result of the redemption of his shares, Richard received $814,000.00. Richard made several purchases with the funds earned in the redemption, including immovable property and a variety of securities.

In this suit to partition community property, Sheila alleges that the increase in the value of the stock from $37,000.00 to $814,000.00 is community property. The trial court held that Sheila failed to prove the stock increased in value and, therefore, the proceeds of the stock redemption were Richard's separate property. The third circuit affirmed, holding that although Sheila did prove that the stock increased in value, she had failed to prove that the increase in the value of the stock was due to the uncompensated or undercompensated labor of either spouse as required by La.Civ.Code art. 2368 and Krielow v. Krielow, supra. We granted Sheila's writ application because she alleged the court of appeal improperly allocated the burden of proof and improperly required her to prove the community endured hardship, inequities, or sacrifices in order for her to satisfy her burden. Because we find the court of appeal neither improperly allocated the burden of proof nor placed an inappropriate burden on Sheila, we affirm.

LAW
Louisiana Civil Code article 2368 states: If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.

In Krielow v. Krielow, 93-2539 (La. 4/11/94), 635 So.2d 180, this court addressed the burden of proof under Civil Code article 2368. Lynn Krielow, in a suit against Carl Krielow to partition community property, alleged that stock which was the separate property of Carl had increased in value during the marriage, and the increase was community property. At trial Lynn proved the stock increased in value during the marriage as a result of Carl's undercompensated labor. The district court and the court of appeal held under Article 2368 that the increase was not community property because Lynn failed to prove the increase was not a result of factors other than the uncompensated or undercompensated labor of the other spouse. Krielow v. Krielow, 622 So.2d 732 (La.App. 3 Cir.1993). We reversed, holding that a claimant spouse under Article 2368 has the burden of proving: (1) the property is separate, (2) the property increased in value, and (3) the increase in value was based on the uncompensated or undercompensated labor *439 of the other spouse; the burden then shifts to the other spouse to prove that the increase in value was due to factors other than the uncompensated or undercompensated labor. Krielow, supra, 93-C-2539 at p. 8, 635 So.2d at 185.

Thus, after a claimant spouse has proven the property is separate, he or she must then prove that the property increased in value during the existence of the matrimonial regime. Krielow established that in order for a plaintiff to show increase in value he or she must prove: (1) the condition of the property at the time of the marriage, (2) the value of the property at dissolution in the state it was at the time of the marriage, (3) the real value of said property with all of the improvements in the condition it was at the time of dissolution of the community, and (4) the difference between the two estimates. Krielow, supra, 93-C-2539 at p. 4, 635 So.2d at 183.

Once the claimant spouse has proven the property is separate and it increased in value, in order to prevail under Article 2368 he or she must then prove common or community labor of the spouses was expended on the separate property. Krielow, supra, 93-C-2539 at p. 4, 635 So.2d at 183. It is not necessary, however, for the claimant spouse to show that his or her labor was expended on the separate property; it is enough to show the labor of either spouse was so expended. In Abraham v. Abraham, 87 So.2d 735 (La.1956), this court examined Article 2408, the predecessor to Article 2368.[1] In Abraham, we held "common labor or industry of the spouses" means the labor of either spouse during the existence of the marriage. Thus, the word "common," as used in the article, is synonymous with "community." Abraham, supra, 87 So.2d at 738.

Further, a claimant spouse must show the common labor expended on the separate property was uncompensated or undercompensated. Krielow, supra, 93-C-2539 at p. 8, 635 So.2d at 185; see also Katherine S. Spaht and W. Lee Hargrave, Matrimonial Regimes, § 7.18, 16 Louisiana Civil Law Treatise (1989). Once the claimant spouse proves that uncompensated or undercompensated community labor was expended on the separate property and caused it to increase in value, the burden then shifts to the owner of the separate property to prove that some or all of the enhancement in value of the separate property occurred because of factors other than the uncompensated or undercompensated community labor. Krielow, supra, 93-C-2539 at p. 8, 635 So.2d at 185.

Article 2368 is based on the following policy, as we enunciated in Krielow:

A spouse should not be permitted to deprive the community of a spouse's earning that would be community property when that community labor enhances or increases the value of the laboring spouse's separately owned property.

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