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Litigants in Louisiana courts may find complying with the special rules that are used to divide their marital property expensive, confusing, and time consuming. Necessary delays while those rules are being followed worsen the frustration of owning property with someone you no longer love – and may even despise. This is particularly so if an ex-spouse lives on the property and you do not. Although each district is different, family court case loads may be heavier than case loads in the district courts. In short, sometimes the grass on the district court side of the fence looks greener than the grass on the family court side. However, as the plaintiff learned in the following case, litigating in the right court – using the right law – is critical in marital property cases. In Tanana v. Tanana, 12-1013 (La. App. 1 st Cir. 5/31/13), 140 So.3d 738, Mr. and Mrs. Tanana agreed as part of the partition of their marital property that they would put the former family home up for sale. Mrs. Tanana was allowed to live on the property pending sale. Unfortunately, the home did not sell even after five years. Although the home was clearly former community property, Mr.Tanana elected to attempt to partition the property in a district court proceeding using the law applicable to non-marital property. That law entitled him to have the property sold at a sheriff’s sale over Mrs. Tanana’s objection. At the sheriff’s sale, Mr. Tanana bought the home for a sum arguably less than what it would have brought at a private sale as they had originally agreed. Mrs. Tanana appealed arguing that Mr. Tanana should have proceeded in the family court using the special partition rules applicable to former community property. The Court of Appeal agreed with Mrs. Tanana. It reversed the trial judge’s decision, rescinded the sale to Mr. Tanana, and ordered the parties to litigate in the family court using the special partition rules applicable to marital assets. In community property cases, patience is not only a virtue, it is often a necessity. Consult with your lawyer about any delays in your community property proceeding and make sure you understand why it is taking so long.

What Our Clients Say

I hired Louis to represent me in my custody battle. From the start he was upfront and honest with me, if he said he was going to do something he did it and he never attempted to settle for anything less than what I was asking. He was not afraid to go head to head with opposing counsel which is what...


I had no idea how to even look for an attorney when I found myself needing one. Mr. Cosenza is the best attorney I have encountered, and I took a lot of time finding one. He is brilliant in matters of the law. He approached my case from every angle. I am so thankful he was my attorney. I started out...


My journey with Mr. Cosenza began nearly 3 years ago when I contacted him about divorce proceedings. During our initial consultation he told me exactly what to expect and we discussed cost, which I thought reasonable. After retaining him as my attorney and finalizing my divorce, things became fairly...


Working with Louis Cosenza truly helped to make my very difficult emotional and legal situation feel much more comfortable as I knew his experience and expertise was there to support and guide me. He knows the law and he does his very best to use that knowledge to represent his clients in and out of...


I would like to start by saying I am from TX and my ex wife tried to file a judgment in LA. I contacted a number of lawyers that explained to me that this maybe a process that they could look into. I spoke with Mr. Cosenza with his 30 plus year of experience and he assured me this was not going to...


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