Hoover v. Hoover
62 So. 3d 765
La. Ct. App.2011Background
- Michelle Hoover and Tujack Hoover married in 1997 and separated in 2006, with a 1997 child.
- Divorce filed in 2006; judgment of divorce signed in 2007.
- Petition for judicial partition of community property filed in 2007; trial held in 2009; judgment rendered in 2010.
- Hoover appealed challenging asset calculations, rental-value award, and Mississippi property income allocation.
- Hoover (Mrs.) answered appealing classification of the Mississippi property, movable equipment value, and Boutte mortgage reimbursement.
- This court affirms in part, vacates in part, reverses in part, and remands for limited purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the partition judgment must include final calculations. | Hoover argues calculations were not included. | Hoover contends the court did the valuations and need not include separate calculations. | Not meritorious; calculations need not be in judgment. |
| Whether rental value of the former community home was properly set at $2,500/month. | Hoover asserts error due to lack of evidence for rental value. | Hoover contends the stipulated fair market rental should be determined. | Vacate rental award; remand for determination of fair market rental value. |
| Whether the Mississippi property is community or separate property. | Hoover contends property is community. | Hoover contends property is not community. | Mississippi property is not community; reversed classification. |
| Whether the movable equipment valuation was proper. | Hoover challenges the valuation. | Hoover supports the trial court's valuation as not abusive. | No reversible error; valuation supported by record. |
| Whether reimbursement for Boutte mortgage payments was correct. | Hoover argues reimbursement should be denied as asset used for Mr. Hoover's benefit. | Hoover asserts Art. 2365 entitlement to reimbursement applies. | Reimbursement proper; separate property used for community obligation entitles reimbursement. |
Key Cases Cited
- Bible v. Bible, 895 So.2d 547 (La. App. 1 Cir. 2004) (outlines partition procedure under 9:2801)
- Cryer v. Cryer, 706 So.2d 167 (La. App. 1 Cir. 1997) (remand for rental value determination in partition)
- Gravois v. Gravois, 860 So.2d 90 (La. App. 5 Cir. 2003) (guides determination of rental value in partition)
- McElwee v. McElwee, 649 So.2d 975 (La. App. 1 Cir. 1994) (distinguishes mandate to include calculations in judgment)
- Rao v. Rao, 927 So.2d 356 (La. App. 1 Cir. 2005) (manifest error standard for factual reviews)
- Hano v. Latino, 868 So.2d 61 (La. App. 1 Cir. 2003) (affirms factual deferral on classification issues)