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who declared under oath unto me, Notary, that he has been
married but once and then to Sandra Martinolich Downing with
whom he lives and resides; from whom he is separate in
property by virtue of a marriage contract which is recorded
in the Parish of Jefferson, in the conveyance records; * * *
The marriage contract was attached to the act of sale, which was
filed in the conveyance records of Jefferson Parish on October 8,
1991.7
Petitioners’ renovation work on the Newman property,
included painting, roof, carpeting, and doors. On November 15,
1993, Michael sold the Newman property for $93,500. The check
for the net proceeds from this sale, in the amount of $31,307.06,
was made out solely to Michael. Petitioners spent $1,600 to
$2,000 of this amount before January 1, 1994 and the remainder of
the $31,307.06 by the end of 1994.
On March 24, 1995, Michael bought for $180,000 a house on
Metairie Court Parkway (hereinafter sometimes referred to as the
Metairie Court property) in Jefferson Parish. The Metairie Court
property has been petitioners’ residence since March 1995.
Michael made a downpayment of $5,000 and financed the remainder
initially through Mark Margavio and then through Sanderson at 10
6(...continued)
together in Jefferson Parish, Louisiana”.
7 The parties stipulated that this filing was “in the
conveyance records of St. Tammany Parish”. However, on brief the
parties’ statements are to the effect that this Oct. 8, 1991,
filing of the Newman property act of sale, with marriage contract
attached, was in the Jefferson Parish conveyance records. Also,
the Newman property was in Jefferson Parish. Under the
circumstances, we conclude that the parties’ stipulation on this
point was in error and our finding reflects that conclusion
rather than the parties’ stipulation.
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