Granger v. Granger
Louisiana Court of Appeal
722 So. 2d 107 (1998)
- Written by Liz Nakamura, JD
Facts
Julie Granger (plaintiff) was granted a divorce from her husband, Carl Granger (defendant). Immediately after, Julie filed a petition for a partition of community property, including a house purchased during the marriage as the family residence. At trial, Carl presented evidence that, although the house was purchased using the joint checking account, the majority of the funds contained in the joint checking account were Carl’s separate property. Carl established that the vast majority of the funds in the joint checking account were acquired via inheritance from the estate of Carl’s mother. Inherited funds are classified as separate property in Louisiana. The value of the community funds in the account was insignificant compared to the value of Carl’s separate funds. Accordingly, the trial court held that the house was Carl’s separate property because it was acquired using Carl’s separate funds. Julie appealed, arguing that (1) Carl had commingled his separate funds by depositing his separate funds in the joint checking account and (2) because the account was commingled in a way that indiscriminately mixed separate and community funds, the entire account was community property.
Rule of Law
Issue
Holding and Reasoning (Cooks, J.)
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