Fill and Sign the Concerning Community Form

[Note: Selection of the proper form and its use and modification to suit individual facts and circumstances requires careful review of all the language by the user.] Form No. 4.1 Clauses for Inclusion in Petition for Injunction Against Alienation or Encumbrance of Community Property Petitioner and defendant own property that is part of the community of acquets and gains, consisting principally of __________ . Irreparable injury, loss or damage may otherwise result to petitioner since defendant will dispose of, encumber, or conceal such items of community property and it is thus necessary that a temporary restraining order issue, without bond and without prior notice, and then an injunction issue after hearing, enjoining the defendant from alienating, encumbering, donating, wasting, concealing, or destroying, any items of community property belonging to and in the name of ____________________ or ____________________ . * * * WHEREFORE, petitioner prays: A. That a temporary restraining order issue, immediately and without bond, and in due course a preliminary and permanent injunction issue to the same effect, enjoining the defendant from alienating, encumbering, donating, wasting, concealing, or destroying, any items of community property belonging to and in the name of ____________________ and ____________________ ; and B. That a rule to show cause issue ordering the defendant to appear, at a time set by this court, and show cause why the preliminary injunction and permanent injunction requested herein should not be granted; and that this court authorize the use of affidavits, in addition to other methods of proof, at the hearing of this rule. * * * AFFIDAVIT OF VERIFICATION State of Louisiana) Parish of _______________ ) BEFORE ME, personally came and appeared ____________________ , who, being by me duly sworn, deposed and said that all of the allegations of fact contained in the foregoing petition are true and correct. ______________________________ Affiant SWORN TO AND SUBSCRIBED, before me this _____ day of _______________ , 20 _____ . ______________________________ Notary Public Form No. 4.2 Temporary Restraining Order With Rule for Injunction Against Alienation of Community Property ORDER Considering the foregoing verified petition, and upon finding that immediate irreparable injury, loss or damage will result to petitioner by defendant's alienation or encumbrance of items of community property belonging to petitioner and defendant, before notice can be given and the hearing can be held on the petitioner's application for an injunction: IT IS ORDERED that a temporary restraining order issue herein, immediately and without bond, restraining and enjoining _______________ from alienating, encumbering, donating, exchanging, wasting, concealing, or destroying any items of community property belonging to _______________ and by virtue of their community property regime. IT IS FURTHER ORDERED that a rule to show cause issue ordering the defendant to appear on the _____ day of _______________ , 20 _____ , at a.m. and show cause why a preliminary injunction, and in due course a permanent injunction, should not issue in the same form and substance as the temporary restraining order granted herein; and that at the hearing of this rule, the verified petition and supporting affidavits may be introduced as evidence, as well as other methods of proof. Alternate A. QDRO. IT IS FURTHER ORDERED that _______________ , social security number __________ , date of birth __________ , be prohibited from changing the beneficiary or changing the application of retirement benefits in the retirement plan, or any amended or successor plan until such time as a community property partition between the parties is completed. Alternate B. State Pension Plan. IT IS ORDERED, that ____________________ , social security number __________ , date of birth __________ , who is a member of the __________ Retirement System, is prohibited from changing the beneficiary or changing the application of retirement benefits in the __________ retirement plan, or any amended or successor plan until such time as a community property partition between the parties is completed, and pursuant to R.S. 11:291(A), community assets in said plan may not be disbursed, disposed of, alienated, or otherwise incumbered. THUS ORDERED AND SIGNED, at _______________ , Louisiana, this _____ day of _______________ , 20 _____ . _________________________ Judge Form No. 4.5 Clauses for Insertion in Petition for Use of Family Residence and Community Property Petitioner shows that the family residence located at _______________ is community property and that it is in the best interests of the family that petitioner be awarded the exclusive right to the use and occupancy of the family residence and the use of all community movable property located at the residence and the use of the _______________ automobile, VIN # __________ until such time as the community property has been partitioned. * * * WHEREFORE, petitioner prays: That petitioner be awarded the exclusive right to the use and occupancy of the family residence located at ______________________________ ; and the use of all community movable property located at the residence; and the use of the _______________ automobile, VIN # _______________ until such time as a partition of all community property has been completed. Form No. 4.6 Ex Parte Motion and Order for Removal of Personal Property Petitioner shows that certain items of personal property has been retained by the defendant at ______________________________ , and petitioner moves the court to issue an order pursuant to R.S. 9:373 requiring the sheriff or _______________ to accompany the petitioner to _______________ so that the following personal property may be obtained by petitioner: ___________________ . * * * ORDER Considering the foregoing petition: IT IS ORDERED that the sheriff or _______________ accompany petitioner to ____________________ so that the following personal property may be obtained by the petitioner: ______________________________ . ORDERED AND SIGNED, in chambers, at _______________ , Louisiana, this _____ day of _______________ , 20 _____ . _______________________________ Judge