Louisiana Petition for Partition of Community Property

Petition for Partition of Community Property

CIVIL ACTION NUMBER

________ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF

STATE OF LOUISIANA

VS.

PETITION FOR PARTITION OF COMMUNITY PROPERTY

The petition of , who is domiciled in , State of Louisiana, respectfully represents that:

1. The Defendant, , is presently residing in Parish, State of Louisiana, her address is .

2. Plaintiff and Defendant were married on the in Parish, Louisiana.

3. On the , Petitioner, , filed for Divorce from the Defendant in Civil Action, VS. @ Docket Number .

4. Judgment of Divorce was granted on .

5. Plaintiff and Defendant have been unable to agree upon a partition of the community property and on the settlement of claims between them arising from their marital relationship.

6. Pursuant to LA.R.S. 9:2081, Plaintiff attaches hereto for service upon the Defendant, a Sworn Detailed Descriptive List of all the community property, the fair market value of each asset, all community liabilities and all claims for reimbursement.

7. Plaintiff request that the Defendant be ordered to file a Sworn Detailed Descriptive List within forty-five days of service of this petition.

8. Further, Plaintiff request that this Honorable Court order both parties to either traverse or concur in the inclusion or in the exclusion of each asset and liability and the valuations contained in the detailed descriptive list.

9. Plaintiff further avers that he is entitled to credit for of all community obligations that were paid by him that were either owned by the community or that were necessary in order to preserve the community property.

WHEREFORE, Plaintiff prays that:

1. The Defendant be ordered to file a Sworn Detailed Descriptive List of all community property, the fair market value and location of each asset, and all community liabilities within forty-five (45) days from service of process of this petition with the attached Sworn Detailed Descriptive List;

2. Both parties be ordered to traverse or concur in the inclusion or exclusion of each asset and liability and the valuation contained in the Detailed Descriptive List of the other party, within sixty (60) days from the filing of the Sworn Detailed Descriptive List of Petitioner;

3. After all due proceedings had, the community property regime previously existing between Plaintiff and Defendant be partitioned by this Honorable Court in accordance with law;

4. The Plaintiff be entitled to credit for of all community obligations that were paid by him that were owned by the community or that were necessary to preserve the community property;

5. All cost of these proceedings be paid by the Defendant.

Sworn Detailed Descriptive List

BEFORE ME, , a Notary Public duly commissioned and qualified in and for the aforesaid Parish and State, personally came and appeared:

, who is domiciled in Parish, Louisiana, and whose current mailing address is , and who after being duly sworn, did depose and state that:

He is the Petitioner in the Petition for Partition of Community Property in this matter and all of the allegations contained therein are true and correct to the best of his knowledge and belief; and in accordance with the provisions of LA.R.S. 9:2801, he presents to the Court the following Sworn Detailed Descriptive List of all claims for reimbursement which he hereby asserts, all of the day of , 20.

COMMUNITY ASSETS

Movables:

IMMOVABLES

COMMUNITY LIABILITIES

REIMBURSEMENTS

RECAPITULATION

Total Community Assets

Total Community Liabilities

Total Reimbursements

Net Total of Community Property

Value of 2 Net Total

Order

Considering the foregoing:

IT IS ORDERED, ADJUDGED AND DECREED that Defendant be ordered to file a Sworn Detailed Descriptive List of all community property, the fair market value and location of each asset, and all community liabilities within forty-five (45) days from service of process of this petition with the attached Sworn Detailed Descriptive List.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant be ordered to show cause on the why:

1. Both parties should not be ordered to traverse or concur in the inclusion or exclusion of each asset and liability and the valuation contained in the Detailed Descriptive List of the other party, within sixty (60) days from the filing of the Sworn Detailed Descriptive List of Petitioner.

2. After all due proceedings had, the community property regime previously existing between Plaintiff and Defendant should not be partitioned by this Honorable Court in accordance with law.

3. The Plaintiff should not be entitled to credit for of all community obligations that were paid by him that were owned by the community or that were necessary to preserve the community property.

4. All cost of these proceedings should not be paid by the Defendant.

SIGNED this day of 20, at , Parish, Louisiana.