§ 9:374 — Possession and use of family residence or community movables or immovables

Louisiana § 9:374

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§374. Possession and use of family residence or community movables or immovables
A. When the family residence is the separate property of either spouse, after the
filing of a petition for divorce or in conjunction therewith, the spouse who has physical
custody or has been awarded temporary custody of the minor children of the marriage may
petition for, and a court may award to that spouse, after a contradictory hearing, the use and
occupancy of the family residence pending the partition of the community property or one
hundred eighty days after termination of the marriage, whichever occurs first. In these cases,
the court shall inquire into the relative economic status of the spouses, including both
community and separate property, and the needs of the children, and shall award the use and
occupancy of the family residence to the spouse in accordance with the best interest of the
family. The court shall consider the granting of the occupancy of the family residence in
awarding spousal support.
B. When the family residence is community property or is owned by the spouses in
indivision, or the spouses own community immovables or a community factory-built home
as defined in R.S. 9:1149.2 and occupied as a residence, regardless of whether it has been
immobilized, after or in conjunction with the filing of a petition for divorce, either spouse
may petition for, and a court may award to one of the spouses, after a contradictory hearing,
the use and occupancy of the family residence and use of community immovables or the
community factory-built home pending partition of the property or further order of the court,
whichever occurs first. In these cases, the court shall inquire into the relative economic
status of the spouses, including both community and separate property, and the needs of the
children, if any, and shall award the use and occupancy of the family residence and the use
of any community immovables or the community factory-built home to the spouse in
accordance with the best interest of the family. If applicable, the court shall consider the
granting of the occupancy of the family residence and the use of community immovables or
the community factory-built home in awarding spousal support.
C. A spouse who, in accordance with the provisions of Subsection A or B of this
Section, uses and occupies or is awarded by the court the use and occupancy of the family
residence, a community immovable occupied as a residence, or a community factory-built
home as defined in R.S. 9:1149.2 and occupied as a residence, regardless of whether it has
been immobilized, shall not be liable to the other spouse for rental for the use and occupancy,
except as hereafter provided.
D. In a proceeding for divorce or thereafter, a spouse may move for an award of rent
at any time. After a contradictory hearing, the court may award rent to be paid by a spouse
exercising exclusive use and occupancy of a residence whether by judgment or in fact. The
award shall be retroactive to the date of filing of the motion, but rent shall be awarded only
for the period of exclusive occupancy. The adjudication of the issue of rent and the amount
thereof may be deferred to a later date by the court or by agreement of the parties. It shall
not be a prerequisite to the award of rent that the spouse against whom the award is made
shall have requested use and occupancy of the residence.
E. The court may determine whether a residence is separate or community property,
or owned in indivision, in the contradictory hearing authorized under the provisions of this
Section.
F. In a proceeding for divorce or thereafter, either spouse may petition for, and a
court may award to one of the spouses, after a contradictory hearing, the use of community
movables pending partition of the property or further order of the court, whichever occurs
first. The court shall inquire into the relative economic status of the spouses, including both
community and separate property, and the needs of the children, if any, and shall award the
use of any community movables in accordance with the best interest of the family. If
applicable, the court shall consider the granting of the use of community movables in
awarding spousal support.
G.(1) In a proceeding for divorce or thereafter, a summary proceeding shall be
undertaken by the court upon request of either party to allocate the use of community
property, including monetary assets, bank accounts, savings plans, and other divisible
movable property pending partition. The authority to make these allocations shall not be
limited to a specific dollar amount or percentage, and the court shall have the right to allocate
any monetary asset, in whole or in part.
(2) The court shall determine allocation of community property after considering:
(a) The custody of the children and exclusive use and occupancy of the family
residence.
(b) The total community property, including the liquidity of community assets, and
spousal management rights in community assets and liabilities.
(c) The need of a spouse for funds to maintain a household prior to partition.
(d) The need of a spouse to receive legal representation during the course of the
proceedings.
(e) The history of domestic abuse during the marriage.
(f) The history of financial control by one of the spouses during the marriage.
(3) Upon court order, each spouse shall provide the other a complete accounting of
all allocated community property to demonstrate compliance with Civil Code Article 2369.3.

Legislative History

Acts 1990, No. 1009, §7, eff. Jan. 1, 1991; Acts 1995, No. 965, §1; Acts 1997, No. 614, §1; Acts 2001, No. 903, §1; Acts 2001, No. 1082, §1; Acts 2004, No. 668, §1, eff. July 5, 2004; Acts 2008, No. 408, §1; Acts 2009, No. 204, §2; Acts 2022, No. 620, §1; Acts 2024, No. 89, §1; Acts 2024, No. 287, §2.