Nature of the Case
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Facts
H and W were married on August 28, 1975. They had lived together for about two years before their marriage. The residence in which they lived was owned by H before the marriage. It was clearly his separate property. While living on the premises, certain improvements were made to the residence. Although the extent of the improvements during the marriage is in dispute, it is agreed that a new roof was installed after the marriage. During the marriage, a homeowner's insurance policy was purchased in the name of H. Three, or four months later, the home burned and H received $46,560.00 in insurance proceeds. The insurance proceeds of $45,560.00 were deposited in H's account. Shortly thereafter, $10,000.00 of that money was transferred into another account held in the name of W. This checking account was opened after the insurance proceeds were received. H and W then purchased land at another location in the area and constructed a new home thereon. The funds from the 'H' account ($35,560.00) were used to pay for the land, materials, and labor furnished to build a new residence. A portion of the funds ($10,000.00) deposited in W's account was used to pay for the construction of the new home. Other community expenses were paid from W's account such as food, clothing, etc. Both parties agree that the new residence was constructed on property purchased during the marriage and was a community asset. W filed suit for separation against H. H filed a rule to have the community property partitioned by licitation. A judgment of separation was rendered in favor of W. The rule was made absolute, and the community property was ordered partitioned by licitation. A judgment was also rendered ordering that, upon dissolution of the community and sale of such property, the proceeds would be allocated as follows:
1. John Trahan's separate estate shall be credited and receive $34,860;
2. Betty leger Trahan's separate estate will be credited and receive $2,000;
3. The remainder shall be equally divided between John Trahan and Betty Leger Trahan.
W appealed.
Holding and Decision
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Legal Analysis
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