HLS 21RS-165 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 100
BY REPRESENTATIVE DAVIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY/COMMUNI TY: Provides relative to partial partition of community property
1 AN ACT
2To enact Code of Civil Procedure Article 1915(A)(7) and R.S. 9:2801(D), relative to the
3 partition of community property; to authorize partial partitions of community
4 property in certain circumstances; to provide for the rendering of certain final
5 judgments; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 1915(A)(7) is hereby enacted to read as
8follows:
9 Art. 1915. Partial final judgment; partial judgment; partial exception; partial
10 summary judgment
11 A. A final judgment may be rendered and signed by the court, even though
12 it may not grant the successful party or parties all of the relief prayed for, or may not
13 adjudicate all of the issues in the case, when the court:
14 * * *
15 (7) Signs a judgment for a partial partition of community property pursuant
16 to R.S. 9:2801.
17 * * *
18 Section 2. R.S. 9:2801(D) is hereby enacted to read as follows:
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-165 ORIGINAL
HB NO. 100
1 ยง2801. Partition of community property and settlement of claims arising from
2 matrimonial regimes and co-ownership of former community property
3 * * *
4 D. The provisions of this Section shall not prohibit a partial partition of
5 community property.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 100 Original 2021 Regular Session Davis
Abstract: Provides relative to the partial partition of community property.
Present law (R.S. 9:2801) provides for the judicial partition of community property.
Proposed law retains present law and clarifies the permissiveness of partial partitions of
community property.
Present law (C.C.P. Art. 1915) provides for the rendering of final judgment even though it
may not grant all of the relief prayed for.
Proposed law adds the signing of judgment for partial partition of community property as
a qualification for when final judgment may be rendered.
(Adds C.C.P. Art. 1915(A)(7) and R.S. 9:2801(D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.