Ivan L. Hand, Jr. v. Gwendolyn Robinson Hand

Summary

The Louisiana Supreme Court held that, for parties married outside Louisiana, both spouses must be domiciled in Louisiana for the state's legal regime of community of acquets and gains to apply. The court interpreted Louisiana Civil Code articles 2334 and 3523 and rejected reliance on pre-1979 jurisprudence and a repealed statutory provision. The court reversed the court of appeal and reinstated the district court's judgment sustaining the exception of no cause of action.

Holdings

1. When parties are married elsewhere, both spouses must be domiciled in Louisiana to create Louisiana's legal regime of community of acquets and gains. Because only Ivan established a Louisiana domicile, no Louisiana community property regime was created.
2. Louisiana Civil Code article 3523 is the applicable conflict-of-laws provision for determining whether movables acquired during marriage are community or separate property.
3. Because no Louisiana community of acquets and gains was ever established, the plaintiff's Louisiana-acquired movables were not subject to Louisiana's community property regime, and the exception of no cause of action was properly sustained.

Questions Presented

1. Whether Louisiana's legal regime of community of acquets and gains applies when only one spouse acquires a Louisiana domicile and the other spouse remains domiciled elsewhere.
2. Whether Civil Code article 3523 requires application of Louisiana matrimonial-regime law to movables acquired by the Louisiana-domiciled spouse.
3. Whether the defendant stated a cause of action for partition, equitable distribution, or mismanagement of the plaintiff's Louisiana-acquired movables.

Disposition

reversed