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Biondo v. Biondo7/31/2000
Vedelia D. Biondo (Vedelia) appealed from the trial court's judgment in an action to partition the community property, which existed between her and her former husband, Andrew C. Biondo (Andrew). For the following reasons, this court amends in part, affirms in part, reverses in part, renders in part, and remands.
Facts and Procedural History
Vedelia and Andrew were married in 1953. During their marriage, Vedelia inherited money from several members of her family. The parties had never entered into a prenuptial agreement prior to the existence of their community, nor had the parties ever petitioned the court to terminate the legal regime. Furthermore, there had never been a declaration filed by either party reserving, as their separate property, the natural and civil fruits of their separate property.
In 1997, a judgment of divorce was rendered pursuant to a petition for divorce filed by Vedelia. Subsequently, Andrew filed a petition seeking to partition the property belonging to the former community. In his sworn detailed descriptive list of property, Andrew included immovable properties located on Magnolia Street and Debbie Street in Thibodaux, Louisiana, and on Fieldcrest Drive in Schriever, Louisiana, as well as the mobile homes located on the Debbie Street and Fieldcrest Drive properties, various bank accounts, debts owed to them by three of their children, and a policy of life insurance issued by John Hancock Life Insurance Company (Hancock). As community liabilities, his list disclosed the debts owed on five credit cards and on loans from three finance companies. Vedelia responded by filing a sworn descriptive list and traversed Andrew's list. According to Vedelia, the following assets claimed by Andrew to be community property were her separate property: Magnolia Street property, Debbie Street property, various bank accounts in her name only, debts owed by three of their children, and the Hancock life insurance policy.
At the parties' request, a hearing was conducted on the issue of the classification of the property. After this hearing, the trial court found that Vedelia had inherited money from various individuals and had received money from a personal injury settlement during their marriage which constituted her separate property. However, the trial court further found that her separate funds had been commingled with the community funds and had lost their separate character. Furthermore, the court ruled that the 1985 "sale" of the Magnolia Street property and the 1987 "sale" of the Debbie Street property were simulations and failed for lack of consideration based on a determination that community funds were used in purchasing this property, which belonged to the community. Based on a finding that Vedelia failed to overcome the presumption of community, the trial court signed a judgment declaring all of the assets and liabilities in question to be community property. Vedelia filed a motion for new trial, which was denied by the trial court. Subsequently, Vedelia appealed, contending the trial court erred in failing to give legal effect to the (1) assignment of the life insurance policy in 1974, (2) voluntary partition of the community in the early 1980s,
(3) sale relating to the Magnolia Street property in 1985, and (4) sale relating to the Debbie Street property and donations of the mobile homes located on this property in 1987. Vedelia also submits the trial court erred in finding that she had commingled her separate funds, in declaring that the loans to their children were community assets, and in declaring that the loans from several finance companies and debt owed on various credit cards were community liabilities.
Applica
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