Goines v. Goines
62 So. 3d 193
La. Ct. App.2011Background
- Married in 1986; divorce filed 2000; no children; residence at 2232 Country Club Dr. LaPlace purchased in 1985, later deemed community property in 1988 via affidavit.
- House refinanced in 1988; mortgage/loans tied to post-termination obligations; prior appellate decision held house was community property; subsequent judgments amended for consistency.
- Partition trial held Aug. 28 and Oct. 8, 2008; April 21, 2009 judgment; post-judgment motions for new trial denied but amended on May 29 and June 2, 2009; parties appealed the amended judgment.
- Court must value, divide, and allocate community assets/liabilities; if unequal, order equalizing payment; partition must be finalized per statute 9:2801(A)(4).
- This appeal focuses on reimbursement claims, valuation, and ultimately the misallocation of the community home, prompting remand for complete partition per 9:2801(A)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-termination encumbrances and mismanagement reimbursement | Goines contends Goines failed to preserve and manage community property, encumbered the home post-termination, and did not pay debts. | Goines argues actions were either not properly pled or not proven; no fault established under articles 2369.3 and 2354. | Trial court’s denial affirmed; no manifest error in finding lack of specific pleadings and proof. |
| Reimbursement for patio, duct, and roof loan interest | Goines seeks 1/2 of costs under 2369.3 and 806 for post-termination improvements and related loan interest. | Court found patio/duct repairs did not reliably increase value or qualify as ordinary maintenance; no interest reimbursement doctrine applicable. | Affirmed; no abuse of discretion; no entitlement to these reimbursements. |
| Sims pension calculation designation | Court should apply Sims formula to retirement accounts per June 2, 2009 order. | Record insufficient to determine Sims application; attorney statements do not constitute stipulations. | No modification; record insufficient to disturb; Sims calculation left unresolved on appeal. |
| Care and maintenance expenditures after termination | Goines seeks reimbursement for post-termination care expenses (e.g., supplies, lawn, maintenance). | Expenses were personal use, not recoverable as community maintenance under prior case law. | Affirmed; Article 2369.3 does not compel reimbursement for these post-termination items. |
| Allocation of the community home in the partition | Home remained unallocated to either party despite being a major asset; requires final disposition. | Partition failed to allocate home; remand necessary to complete 9:2801(A)(4) partition. | Remanded for disposition of the community home and completion of partition proceedings. |
Key Cases Cited
- River Parishes Financial Services, L.L.C. v. Goines, 989 So.2d 794 (La.App. 5 Cir. 2008) (consent judgment on mortgage liens; community property issues in dispute)
- Legaux-Barrow v. Barrow, 8 So.3d 87 (La.App. 5 Cir. 2009) (abuse of discretion standard in partition; broad discretionary power)
- Sims v. Sims, 358 So.2d 919 (La. 1978) (Sims formula for dividing retirement benefits in divorce)
- Jurgelsky v. Pinac, 614 So.2d 1331 (La.App. 3 Cir. 1993) (post-termination expenses; maintenance/repair reimbursements)
- Katner v. Katner, 28 So.3d 566 (La.App. 4 Cir. 2009) (valuation and appraisal considerations; trial court’s discretion on property value)
- Lentz v. Lentz, 411 So.2d 59 (La.App. 4 Cir. 1981) (expenditure not reimbursable as ordinary maintenance; post-termination context)