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