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 403 Original 2022 Regular Session Jefferson
Abstract: Provides for use and occupancy of community property.
Present law (R.S. 9:374) authorizes the court to award the use and occupancy of community
movables or immovables to either spouse, after a petition for divorce is filed, and prior to partition.
Proposed law retains present law but separates an award of the family residence or other community
immovables or a community manufactured home from an award of community movables for clarity.
Present law allows the court to determine whether to award rent for the use and occupancy at the
time use and occupancy is awarded to a spouse.
Proposed law provides that a spouse may, at any time, request an award of rent from a spouse
exercising exclusive use and occupancy of a residence. Proposed law further provides that an award
of rent may be retroactive to the date of filing the motion, but shall only be awarded for the actual
period of time the other spouse was occupying the residence.
Proposed law provides that the court's authority to award the use of community property is not
limited to a specific dollar amount or percentage.
(Amends R.S. 9:374(B), (C), (D), and (E); Adds R.S. 9:374(F) and (G))