Washington v. Washington

846 So. 2d 895, 2002 La.App. 4 Cir. 2226, 2003 La. App. LEXIS 1251
CourtLouisiana Court of Appeal
DecidedApril 23, 2003
DocketNo. 2002-CA-2226
StatusPublished
Cited by1 cases

This text of 846 So. 2d 895 (Washington v. Washington) 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
Washington v. Washington, 846 So. 2d 895, 2002 La.App. 4 Cir. 2226, 2003 La. App. LEXIS 1251 (La. Ct. App. 2003).

Opinion

IWILLIAM H. BYRNES, III, Chief Judge.

STATEMENT OF THE CASE

Raymond Washington filed suit on July 31, 1996 against his wife, Jessie Mock Washington, seeking a judgment of divorce dissolving their sixteen year, childless marriage, reserving his right to partition the community of acquets and gains then existing. Mr. Washington based his suit on the fact that he and his wife voluntarily lived separately and apart continuously for a period of more than six months.

[897]*897Mrs. Washington was served personally on October 10, 1996. The trial court entered a preliminary default on November 8,1996. On March 10,1997, the trial court confirmed the default and entered judgment granting Mr. Washington an absolute divorce from Mrs. Washington.

On October 17, 1996, Mrs. Washington filed a rule to establish permanent alimony, claiming freedom from fault in the divorce and necessitous circumstances. On the same day, she filed a petition for partition of the community, rental and educational reimbursement, and injunctive relief. Mr. ^Washington answered and reconvened, seeking partition of the community and reimbursement of one-half of mortgage payments made during the previous ten years and of funds he allegedly paid for Mrs. Washington’s separate obligations.

In August 2001, Mr. Washington amended his reconventional demand seeking reimbursement of one-half of mortgage payments made from August 1987 to August 2001, reimbursement to his separate estate and to the community of payments of Mrs. Washington’s separate obligations, and reimbursement of repairs and maintenance expenses relating to the matrimonial domicile.

The case was heard on September 14 and 17, 2001 and the trial court entered judgment finding Mrs. Washington was not free from fault in the break-up of the marriage and denying her claim for spousal support. The trial court found that Mr. Washington failed to prove that he was entitled to reimbursement for use of his separate property to satisfy community obligations. Furthermore, he failed to prove that community property was used to satisfy Mrs. Washington’s separate obligations. The trial court denied Mrs. Washington’s claim for rental reimbursement for Mr. Washington’s use and occupancy of the matrimonial domicile and her claim for contributions to his education and training. The trial court recognized the parties’ stipulations concerning use of community funds and partitioning of community assets as the judgment and order of the court. From that judgment both parties appeal.

STATEMENT OF FACTS

laMr. and Mrs. Washington were married on September 27,1980 and lived separate and apart without the benefit of a judgment of separation or divorce from July 18, 1987. On July 31, 1996, Mr. Washington filed a Petition for Divorce, and divorce was granted by judgment dated March 10,1997.

The trial court accepted Mr. Washington’s testimony concerning the break-up of the marriage. According to Mr. Washington, on July 17, 1987 his wife abandoned their home without cause or warning, refusing to return. That day, he left the house early in the day as part of his normal routine and returned after drill with his military1 unit to find it vacant, stripped bare of furnishings, fixtures, window treatments, bed and bath linens, cookware, flatware, appliances, dinnerware, glassware and other household items. Furthermore, Mrs. Washington had discontinued the electrical and water service. The only furniture remaining in the house was a dining and kitchen set. Mrs. Washington left behind Mr. Washington’s military blanket on which he slept, one spoon, one fork and one plate. She took both their cars, leaving Mr. Washington no means of transportation. He then took a second job with the City of New Orleans in order to pay the [898]*898mortgage on the former matrimonial domicile.

Mr. Washington testified that he was unaware of Mrs. Washington’s unhappiness and intent to leave. While conceding that the couple occasionally argued, he denied that this bickering would warrant her abandoning the home. |4 According to Mr. Washington, their arguments arose from Mrs. Washington’s use of marijuana and her determination to live beyond their means.

Mrs. Washington testified that she abandoned the matrimonial domicile because her husband was abusing her physically. Mr. Washington admitted one occasion on which he struck his wife, maintaining that he was attempting to defend himself and restrain her after she attacked him in the bathroom while he was shaving. The trial court accepted Mr. Washington’s testimony that Mrs. Washington provoked Mr. Washington’s physical response when she attacked him, and found that any physical attack beyond self-defense was the result of his wife’s provocation.

The trial court found no credible evidence to corroborate Mrs. Washington’s allegation that her husband habitually abused her, physically and emotionally. Furthermore, the court noted that although Mrs. Washington claimed that Mr. Washington kicked her in another incident, Mrs. Washington testified that she did not speak to anyone about the abuse, seek medical or psychological attention or report the alleged abuse to the appropriate authorities. She claimed to have told her and Mr. Washington’s relatives about the alleged incidents, but no one was called to corroborate the claim. The court found that Mrs. Washington’s allegations of physical abuse, other than the altercation initiated by Mrs. Washington in Mr. Washington’s bathroom, were not substantiated. Therefore, the trial court concluded Mrs. Washington was not free from fault.

IsThe trial court found as a matter of law that Mr. Washington would be entitled to reimbursement of one-half of the value of his property used to satisfy his wife’s separate obligations and to satisfy community obligations. However, the court found as a matter of fact that Mr. Washington submitted no documentary evidence to substantiate his claims.

Mr. Washington testified that during the process of obtaining financing for the matrimonial domicile, he discovered that Mrs. Washington had failed to pay income taxes for a period of time before they were married.

The trial court found no evidence of an agreement of the parties or a court order imposing a rental obligation on Mr. Washington arising out of his use and occupancy of the matrimonial domicile.

The trial court found that Mrs. Washington’s claim for reimbursement of contributions made toward her husband’s education was made on October 22, 2001, more than three years after the March 10, 1997 judgment of divorce.

On September 14, 2001 the parties filed a joint descriptive list of community assets and liabilities. The parties failed to agree on the following assets:

1. Value of matrimonial domicile: Mr. Washington values at $75,000 and Mrs. Washington values at $88,000;

2. Mr. Washington’s Charity Hospital retirement plan: Mr. Washington values at $24,603.42 and Mrs. Washington states the value as “unknown;”

3. Furniture in matrimonial domicile: Mr. Washington values at $650 and Mrs. Washington values at $6,000;

[899]*899|r4. Wedding gifts: Mr. Washington values at $1,000 and Mrs. Washington values at $250.

The parties failed to agree on the following claimed reimbursements:

1. By Mr. Washington:
a. Mr.

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Related

Washington v. Washington
846 So. 2d 895 (Louisiana Court of Appeal, 2003)

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846 So. 2d 895, 2002 La.App. 4 Cir. 2226, 2003 La. App. LEXIS 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-washington-lactapp-2003.