La. Rev. Stat. § 9:374
This is the official text of La. Rev. Stat. § 9:374, part of Louisiana’s Rev. Stat — part of the compiled statutory law of Louisiana, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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Possession and use of family residence or community movables or immovables
Official statutory text
o 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.
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.
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.
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.
Status: in_force · Read it on the official government site
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