RÉSUMÉ DIGEST
ACT 620 (HB 403) 2022 Regular Session Jefferson
Existing 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.
New law retains existing 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.
Existing 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.
New 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. New 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.
New law provides that the court's authority to award the use of community property is not
limited to a specific dollar amount or percentage.
Effective August 1, 2022.
(Amends R.S. 9:374(B), (C), (D), and (E); Adds R.S. 9:374(F) and (G))