(DOWNLOAD) "Margarette Mccarroll v. Donald Mccarroll" by Supreme Court Of Louisiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Margarette Mccarroll v. Donald Mccarroll
- Author : Supreme Court Of Louisiana
- Release Date : January 21, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
FOR PUBLICATION October 21, 1997 ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF TANGIPAHOA Even though lesion in an extra-judicial partition is the setting for this community property litigation, the central issue before us concerns the assessment of fair rental value for a spouse's use of the family residence. La.R.S. 9:374(C). 1 Plaintiff, Margarette McCarroll, seeks to rescind an extra-judicial partition of community property on account of lesion under La.Civ. Code art. 814. 2 The lower courts found the partition was not lesionary because plaintiff had received the exclusive use of the community home for the years leading up to and following the partition, and that the rental value of the family home should be counted as consideration received by plaintiff in the partition. McCarroll v. McCarroll, 95-1972 (La. App. 1 Cir. 6/28/96), 680 So.2d 681. There is a split among the circuits over the assessment of fair rental value of the family residence pending termination of the marriage or partition of the community property. We granted writs to determine whether the rental value of the family home should have been assessed against Mrs. McCarroll for purposes of determining whether the partition was lesionary. McCarroll v. McCarroll, 96-2700 (La. 1/24/97), 686 So.2d 852. Our treatment of this issue will resolve the conflict among the circuits.