- 38 - The appellate court in Knoepfler did not describe the inquiry in terms of the validity of the marriage contract (i.e., whether the spouse owns a present undivided interest in the earnings of the other spouse), but only whether the other spouse’s income ought to be taken into account in applying Louisiana’s child support laws. 553 So. 2d 1032-1033. In the instant case, the only inquiry is as to the validity of the marriage contract in order to decide whether Sandra and Michael each had a present undivided interest in the earnings of the other. Secondly, all of the opinions cited by respondent discuss commingling in terms of mixing separate property with community property, not separate property with separate property. See, e.g., Thibodaux v. Thibodaux, 577 So. 2d 758 (La. App. 1st Cir. 1991). Even so, those cases hold that depositing separate funds and community funds into the same bank account does not necessarily “extinguish the separate character of either the husband’s or the wife’s separate funds; only indiscriminate commingling, so that one cannot identify or differentiate among the funds, results in the account being deemed community.” McMorris v. McMorris, 654 So. 2d 742, 746 (La. App. 1st Cir. 1995). Thus, even when separate funds are mixed with community funds, it is only when those funds are “indiscriminatelyPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011