§374.  Possession and use of family residence or community movables or immovables

            A.  When the family residence is the separate property of either spouse, after the filing of a petition for divorce or in conjunction therewith, the spouse who has physical custody or has been awarded temporary custody of the minor children of the marriage may petition for, and a court may award to that spouse, after a contradictory hearing, the use and occupancy of the family residence pending the partition of the community property or one hundred eighty days after termination of the marriage, whichever occurs first.  In these cases, the court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, and shall award the use and occupancy of the family residence to the spouse in accordance with the best interest of the family.  The court shall consider the granting of the occupancy of the family residence in awarding spousal support.

            B. When the family residence is community property or is owned by the spouses in indivision, or the spouses own community immovables or a community manufactured home as defined in R.S. 9:1149.2 and occupied as a residence, regardless of whether it has been immobilized, after or in conjunction with the filing of a petition for divorce, either spouse may petition for, and a court may award to one of the spouses, after a contradictory hearing, the use and occupancy of the family residence and use of community immovables or the community manufactured home pending partition of the property or further order of the court, whichever occurs first. In these cases, the court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, if any, and shall award the use and occupancy of the family residence and the use of any community immovables or the community manufactured home to the spouse in accordance with the best interest of the family. If applicable, the court shall consider the granting of the occupancy of the family residence and the use of community immovables or the community manufactured home in awarding spousal support.

            C. A spouse who, in accordance with the provisions of Subsection A or B of this Section, uses and occupies or is awarded by the court the use and occupancy of the family residence, a community immovable occupied as a residence, or a community manufactured home as defined in R.S. 9:1149.2 and occupied as a residence, regardless of whether it has been immobilized, shall not be liable to the other spouse for rental for the use and occupancy, except as hereafter provided.

            D. In a proceeding for divorce or thereafter, a spouse may move for an award of rent at any time. After a contradictory hearing, the court may award rent to be paid by a spouse exercising exclusive use and occupancy of a residence whether by judgment or in fact. The award shall be retroactive to the date of filing of the motion, but rent shall be awarded only for the period of exclusive occupancy. The adjudication of the issue of rent and the amount thereof may be deferred to a later date by the court or by agreement of the parties. It shall not be a prerequisite to the award of rent that the spouse against whom the award is made shall have requested use and occupancy of the residence.

            E. The court may determine whether a residence is separate or community property, or owned in indivision, in the contradictory hearing authorized under the provisions of this Section.

            F. In a proceeding for divorce or thereafter, either spouse may petition for, and a court may award to one of the spouses, after a contradictory hearing, the use of community movables pending partition of the property or further order of the court, whichever occurs first. The court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, if any, and shall award the use of any community movables in accordance with the best interest of the family. If applicable, the court shall consider the granting of the use of community movables in awarding spousal support.

            G.(1) In a proceeding for divorce or thereafter, a summary proceeding shall be undertaken by the court upon request of either party to allocate the use of community property, including monetary assets, bank accounts, savings plans, and other divisible movable property pending partition. The authority to make these allocations shall not be limited to a specific dollar amount or percentage, and the court shall have the right to allocate any monetary asset, in whole or in part.

            (2) The court shall determine allocation of community property after considering:

            (a) The custody of the children and exclusive use and occupancy of the family residence.

            (b) The total community property.

            (c) The need of a spouse for funds to maintain a household prior to partition.

            (d) The need of a spouse to receive legal representation during the course of the proceedings.

            (3) Upon court order, each spouse shall provide the other a complete accounting of all allocated community property to demonstrate compliance with Civil Code Article 2369.3.

            Acts 1990, No. 1009, §7, eff. Jan. 1, 1991; Acts 1995, No. 965, §1; Acts 1997, No. 614, §1; Acts 2001, No. 903, §1; Acts 2001, No. 1082, §1; Acts 2004, No. 668, §1, eff. July 5, 2004; Acts 2008, No. 408, §1; Acts 2009, No. 204, §2; Acts 2022, No. 620, §1.