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Deshotels v. Deshotels

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

ALVERDA ARDOIN DESHOTELS
v.
SELDON JOSEPH DESHOTELS, SR

APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY, NO. 10-C-6106-B. HONORABLE ELLIS J. DAIGLE, DISTRICT JUDGE.

Jack Derrick Miller, (A Professional Corporation), Parker Reed Mitchell, Crowley, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Alverda Ardoin Deshotels.

Nicole B. Breaux, L.L.C., Attorney at Law, Crowley, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Alverda Ardoin Deshotels.

Ted Deshotels, Lafayette, LA, IN PROPER PERSON.

Mary Deshotels Courville, Lafayette, LA, IN PROPER PERSON.

Andre Deshotels, Palmetto, LA, IN PROPER PERSON.

Anne Deshotels, Bastrop, LA, IN PROPER PERSON.

Matthew R. Deshotels, Baton Rouge, LA, IN PROPER PERSON.

Jamie Deshotels Pucheu, Baton Rouge, LA, IN PROPER PERSON.

Kimberly Deshotels, Alexandria, LA, IN PROPER PERSON.

Steve Deshotels, Opelousas, LA, IN PROPER PERSON.

Court composed of Sylvia R. Cooks, Marc T. Amy, and John E. Conery, Judges.

OPINION

Page 542

[13-1406 La.App. 3 Cir. 1] AMY, Judge.

This matter arises from a dispute as to the validity of a matrimonial agreement which purported to establish a separate property regime during the parties' marriage. After a hearing, the trial court found that the purported agreement was not executed in either of the statutorily mandated forms, but that the wife's admission in court that she signed the purported agreement and knowledge of the purpose of the agreement were sufficient to create a natural obligation. Based on that finding, the trial court dismissed the petition for partition of community property. The wife appeals. For the following reasons, we reverse and remand.

Page 543

Factual and Procedural Background


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