Trahan v. Trahan

387 So. 2d 35, 1980 La. App. LEXIS 4215
CourtLouisiana Court of Appeal
DecidedJuly 30, 1980
DocketNo. 7696
StatusPublished
Cited by1 cases

This text of 387 So. 2d 35 (Trahan v. Trahan) 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
Trahan v. Trahan, 387 So. 2d 35, 1980 La. App. LEXIS 4215 (La. Ct. App. 1980).

Opinion

CUTRER, Judge.

The issue presented by this appeal is the determination of the sums that may be due the separate estates of a husband and wife as a result of a dissolution of their community property.

Betty Trahan filed suit for separation against her husband, John Trahan. John answered the petition and also filed a rule to have the community property partitioned by licitation. A judgment of separation was rendered in favor of Betty. The rule was made absolute and the community property was ordered partitioned by licitation. A judgment was also rendered ordering that, upon dissolution of the community and sale of such property, the proceeds would be allocated as follows:

“1 John Trahan’s separate estate shall be credited and receive $34,860;
2. Betty Leger Trahan’s separate estate will be credited and receive $2,000;
3. The remainder shall be equally divided between John Trahan and Betty Leger Trahan.”

Betty Trahan appealed the judgment and John Trahan answered complaining of error by the trial court for granting any credit to Betty. We affirm.

The parties were married on August 28, 1975. They had lived together for about two years before their marriage. The residence in which they lived was owned by John Trahan before his marriage to Betty Trahan. It was clearly his separate property. While living on the premises certain improvements were made to the residence. Although the extent of the improvements during the marriage is in dispute, it is agreed that a new roof was installed after the marriage.

During the marriage a homeowner’s insurance policy covering the residence was purchased in the name of John Trahan. Three or four months later, the home burned and John Trahan received $46,560.00 in insurance proceeds. (An advance of $1,000.00 was received, but Trahan does not seek reimbursement for this.)

The insurance proceeds of $45,560.00 were deposited in an account. This account was one that John Trahan had prior to his marriage and was in his name only. Shortly thereafter, $10,000.00 of that money was transferred into another account held in the name of Betty Trahan. This checking account was opened after the insurance proceeds were received. John and Betty then purchased land at another location in the area and constructed a new home thereon. The funds from the “John Trahan” account ($35,560.00) were used to pay for the land, materials and labor furnished to build a new residence. A portion of the funds ($10,000.00) deposited in Betty’s account was used to pay for the construction of the new home. Other community expenses were paid from Betty’s account such as food, clothing, etc.

The nature of the funds used to construct the new residence is the crux of the dispute before us. Both parties agree that the new residence was constructed on property purchased during the marriage and was a community asset.

INSURANCE PROCEEDS

We conclude that the proceeds from the fire insurance policy were the separate [37]*37property of John Trahan. The object of the insurance policy was the residence belonging to the separate estate of John Trahan. When that residence burned, the estate, consisting of the residence, was transformed into the insurance proceeds.

We base our conclusion on the case of Thigpen v. Thigpen, 91 So.2d 12 (La.1956), in which our Supreme Court faced a similar situation. In that case, the parties, Mr. and Mrs. Thigpen, had a number of disputes regarding their community property settlement which was being settled as a result of a divorce proceeding.

During the existence of a previous marriage, Mr. Thigpen and his wife purchased several buildings. Sometime later, the first wife died and the property then became jointly owned by the deceased wife’s heirs and Mr. Thigpen. Later, Mr. Thigpen remarried. Clearly, the interest in the property purchased during the existence of his first marriage was separate property of the husband as to the second marriage. During the existence of the second marriage, Thig-pen purchased a fire insurance policy to cover the buildings. Shortly thereafter the buildings burned and the loss was replaced with funds from the insurance proceeds. The Supreme Court held that these insurance proceeds did not become community property. The court noted that since the premiums were paid out of the community funds, there may have been a justifiable claim for reimbursement for the wife’s contributions to the premiums, but this did not make the proceeds themselves community property.

The essential similarity is that the husband owned separate property which was covered in a policy purchased during the community. After the fire loss, the insurance proceeds maintained their status as separate property. We hold that the proceeds of the insurance policy in this case were John Trahan’s separate property.

As previously stated, the new residence was built during the existence of the community and is thus community property. If the purchase of this property and the construction of a house thereon was made with John Trahan’s separate funds, however, the community estate is indebted to the separate estate of John Trahan for the amount expended on the house. In Compton v. Compton, 371 So.2d 313 (La.App. 2nd Cir. 1979), the court held as follows:

“. . . The law is well established ■that a husband who spends his separate funds on community property has the right to claim reimbursement from the community for money spent by him for the benefit of the community so long as the community still benefits from this separate contribution at the time of its dissolution. . . . ”

The evidence is clear that all the proceeds of the insurance policy deposited in John Trahan’s checking account, $35,560.00, were paid for the purchase of the land and construction of the new house. This was the testimony of both Betty and John Trahan. Betty Trahan also stated that $3,954.29 of the $10,000.001 placed in her checking account was used for the construction of the new home. In his reasons for judgment, the trial judge rounded this figure and concluded that $3,950.00 had been expended from Betty’s account on the new home.

The trial court summarized the computation as follows:

“In summary, a simple computation of the decision is:
separate funds expended by Mr. Trahan $89,460
less community contributions: roofing $1,300
general repair 3,000
fire insurance premiums 300
4,6002
Total credit to Mr. Trahan, individually $34,860”

Counsel for Betty Trahan contends that no credit should be given to John Tra-[38]*38han’s separate estate. It is contended that the proceeds of the insurance policy were acquired during marriage and, as such, it is presumed that such proceeds falls into the community. Counsel for Betty Trahan relies principally on the case of Palama v. Palama, 323 So.2d 823 (La.App. 4th Cir. 1975), writ den., 326 So.2d 381 (La.1976), as authority for his position that the proceeds of the insurance policy were a community asset. Palama is not applicable to this case. In

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

Related

LeGardeur v. Coleman
131 So. 3d 1035 (Louisiana Court of Appeal, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
387 So. 2d 35, 1980 La. App. LEXIS 4215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-trahan-lactapp-1980.