HLS 21RS-1837 ENGROSSED
2021 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 92
BY REPRESENTATIVE DAVIS
PROPERTY/COMMUNI TY: Requests the Louisiana State Law Institute to study
provisions of law on partition of community property
1 A CONCURRENT RESOL UTION
2To request the Louisiana State Law Institute to study provisions of law on partition of
3 community property and report its findings to the Louisiana Legislature no later than
4 February 1, 2022.
5 WHEREAS, the laws of this state provide that property held in community can be
6partitioned following a divorce; and
7 WHEREAS, during divorce proceedings, one spouse may hold financial advantage
8over the other spouse; and
9 WHEREAS, advances of community property to the spouse with fewer resources
10to complete a partition are customarily limited to twenty-five percent or less of the total
11community to ensure fairness in final partitions; and
12 WHEREAS, a spouse with a financial advantage may adversely drain the assets of
13the other spouse prior to arriving at a final partition judgment; and
14 WHEREAS, the proceedings to partition the community property may render one
15spouse at a significant financial disadvantage due to extended litigation prior to the final
16judgment; and
17 WHEREAS, disadvantaged spouses may have been subject to domestic abuse even
18when not asserted to the court; and
19 WHEREAS, the extended litigation may be used as a continuation of domestic abuse
20by way of "litigation abuse"; and
Page 1 of 2 HLS 21RS-1837 ENGROSSED
HCR NO. 92
1 WHEREAS, both parties and the court may benefit from equitable, expedient, and
2efficient partitions of community property.
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
4urge and request the Louisiana State Law Institute to study community property partition
5laws and to report its findings and recommendations to the Louisiana Legislature no later
6than February 1, 2022.
7 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
8and request the Louisiana State Law Institute to include representatives of the Louisiana
9Appleseed Center for Law and Justice, the Louisiana Coalition Against Domestic Violence,
10the Domestic Violence Clinic at Tulane Law School, the New Orleans Family Justice Center,
11and the United Way of Southeast Louisiana, to the extent not already included in the study
12group.
13 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
14director of the Louisiana State Law Institute.
15 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
16one print copy and one electronic copy of any report produced pursuant to this Resolution
17to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
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)]
HCR 92 Engrossed 2021 Regular Session Davis
Requests the La. State Law Institute to study community partition laws and report its
findings and recommendations to the La. Legislature no later than Feb. 1, 2022.
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