McCann v. McCann, 93 So. 3d 544

Ms. McCann filed a petition for divorce in the East Baton Rouge Family Court in 2009, with partition of community property among issues after separation of property was ordered in 2009.
Ms. McCann filed a separate petition for partition of community property on August 17, 2009, and the court appointed a real estate and a financial expert to value and manage assets in 2010.
Mr. McCann died on June 27, 2010, during the partition proceedings and his succession was opened in the 19th Judicial District Court.
Ms. McCann requested substitution of Peggy Blackwell (the decedent’s daughter) as defendant in the partition action in July 2010.
The Family Court overruled a declinatory exception of lack of subject matter jurisdiction and refused transfer to the district court, prompting appellate review; the central issue is whether the Family Court retained exclusive jurisdiction after the death of one spouse.
The Supreme Court held that the Family Court did not retain exclusive subject matter jurisdiction over the partition of community property once one former spouse died, requiring reversal of the lower court’s ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Family Court retained exclusive jurisdiction after death	McCann argued jurisdiction remained	Blackwell argued jurisdiction may be divested	No; jurisdiction did not remain exclusive

Spinosa v. Spinosa, 934 So.2d 35 (La. 2006) (jurisdiction over actions arising from matrimonial regimes not limited to between spouses)
Welborn v. 19th Judicial District Court, 974 So.2d 1 (La. 2008) (constitution allows legislature to divest district court and vest in family court)
Larocca v. Larocca, 597 So.2d 1000 (La. 1992) (ancillary property claims survive divorce actions)
Gowins v. Gowins, 466 So.2d 32 (La. 1985) (doctrine of continuing jurisdiction in domestic proceedings)
Golden v. Waterhouse, 953 So.2d 927 (La.App. 2 Cir. 2007) (illustrates continuing jurisdiction concept in domestic matters)