2024 Regular Session ENROLLED
SENATE BILL NO. 29
BY SENATOR MILLER (On Recommendation of the Louisiana State Law Institute)
1 AN ACT
2 To amend and reenact R.S. 9:374(G)(2) and to enact R.S. 9:375(C), relative to the allocation
3 of community property; to provide for factors for consideration in allocating
4 community property; to provide for attorney fees; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:374(G)(2) is hereby amended and reenacted and R.S. 9:375(C) is
7 hereby enacted to read as follows:
8 §374. Possession and use of family residence or community movables or
9 immovables
10 * * *
11 G. (1) * * *
12 (2) The court shall determine allocation of community property after
13 considering:
14 (a) The custody of the children and exclusive use and occupancy of the
15 family residence.
16 (b) The total community property, including the liquidity of community
17 assets, and spousal management rights in community assets and liabilities.
18 (c) The need of a spouse for funds to maintain a household prior to partition.
19 (d) The need of a spouse to receive legal representation during the course of
20 the proceedings.
21 (e) The history of domestic abuse during the marriage.
22 (f) The history of financial control by one of the spouses during the
23 marriage.
24 * * *
25 §375. Award of attorney fees
26 * * *
27 C. In an action in accordance with R.S. 9:374, the court may award
ACT No. 89
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 29 ENROLLED
1 attorney fees and costs when it determines that either party has caused
2 unreasonable delay.
3 Revision Comments – 2024
4 A party's failure to respond to a court order amounts to contempt of court and
5 is punishable under the provisions of Louisiana law. See, e.g., Code of Civil
6 Procedure Article 221 et seq. This revision extends the availability of attorney fees
7 and costs beyond acts involving contempt of court to frivolous filings and purposeful
8 unreasonable delay. Attorney fees and costs are not available for delays that are
9 intentional but reasonable.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.