Summary
In Dodd, the concubine was seeking to be declared one-half owner of certain assets acquired during a sixteen-year relationship.
Summary of this case from Longo v. LongoOpinion
No. 14395.
January 13, 1981.
APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, PARISH OF MOREHOUSE, STATE OF LOUISIANA, HONORABLE JOHN R. JOYCE, J.
Travis M. Holley, Bastrop, for plaintiff-appellant.
Woodrow Wilson, Bastrop, for defendant-appellee.
Before HALL, MARVIN and FRED W. JONES, Jr., JJ.
The demands of a concubine, seeking to be declared owner of one-half of certain movable assets acquired by her paramour during their 16-year relationship, were dismissed on an exception of no cause of action. She appeals.
The concubine alleged that the relationship constituted a partnership and that she contributed from her property and earnings at least one half of the funds used by the paramour to acquire the assets which included more than $70,000 in cash deposits. For the purpose of considering the exception, these allegations must be taken as true. Whether or not she can meet the burden of proof can be determined only upon the trial on the merits. See Keller v. Keller, 220 So.2d 745, 750 (La.App. 1st Cir. 1969) and other cases cited in Lorio, "Concubinage and its Alternatives", 26 Loy.L.R. 1 (1980).
REVERSED AND REMANDED at the cost of defendant-exceptor.