Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:374 (2026)

✓ current as of May 2026

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

Notes of Decisions

Cited in 94 cases (6 in the last 5 years), 1991–2025 · leading case: McCarroll v. McCarroll, 701 So. 2d 1280 (La. 1997).

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McCarroll v. McCarroll, 701 So. 2d 1280 (La. 1997). · cites it 21× “Pursuant to LSA-R.S. 9:374, the trial court may order rental payments on the family home.”

Benoit v. Benoit, 91 So. 3d 1015 (La. Ct. App. 2012). · cites it 9× “R.S. 9:374. | gpLouisiana Revised Statute 9:374 provided, in part: 7 B.”

McConathy v. McConathy, 632 So. 2d 1200 (La. Ct. App. 1994). · cites it 7× “9:308 (now LSA-R.S. 9:374), the court found that she had not proven her entitlement to be paid rent, citing Wochomurka v.”

Jones v. Jones, 605 So. 2d 689 (La. Ct. App. 1992). · cites it 9× “Jones argues that the trial judge was manifestly wrong in considering rental payments for her occupancy in light of LSA-R.S. 9:374, formerly LSA-R.S. 9:308. Although the trial court did not specifically state that Mrs.”

Durden v. Durden, 165 So. 3d 1131 (La. Ct. App. 2015). · cites it 7× “R.S. 9:374, relative to the possession and use of the family residence, provides, in pertinent part: A.”

Martello v. Martello, 960 So. 2d 186 (La. Ct. App. 2007). · cites it 3× “LSA-R.S. 9:374(C) provides, in pertinent part: If the court awards use and occupancy to a spouse, it shall at that time determine whether or not to award rental for the use and occupancy and, if so, the amount of the rent.”

Kline v. Kline, 741 So. 2d 670 (La. Ct. App. 1999). · cites it 8× “R.S. 9:374. At trial, Mike sought reimbursement for one-half of his separate property expenditures servicing the community construction loan and reimbursement for one-half of expenses he incurred improving the home.”

Roque v. Tate, 631 So. 2d 1385 (La. Ct. App. 1994). · cites it 7× “9:374(C) provides: A spouse who uses and occupies or is awarded by the court the use and occupancy of the family residence pending either the termination of the marriage or the partition of the community property in accordance with the provisions of R.S. 9:374(A) or (B) shall…”

Ball v. Ball, 757 So. 2d 824 (La. Ct. App. 2000). · cites it 7× “R.S. 9:374 reflects that general rule but provides that the court may award one spouse occupancy to resolve any dispute over the use of the family residence pending a partition.”

David v. David, 117 So. 3d 148 (La. Ct. App. 2013). · cites it 6× “R.S. 9:374(C) unless otherwise agreed by the spouses or ordered by the court.”

Cryer v. Cryer, 706 So. 2d 167 (La. Ct. App. 1997). · cites it 9× “Finding that the approach taken by the First and Second Circuits was correct, the Supreme Court held that LSA-R.S. 9:374 contemplates that any award of rent shall be made in conjunction with the determination of occupancy and that rental payments may not be retroactively…”

Herrell v. Herrell, 594 So. 2d 943 (La. Ct. App. 1992). · cites it 5× “RENT FOR USE AND OCCUPANCY OF COMMUNITY HOME The next assignment of error concerns whether the trial court erred in awarding $29,400 in rent to the community for Richard's use and occupancy of the family home. Specifically, Richard contends the trial court erred in admitting…”

Show all 94 citing cases →

— La. Rev. Stat. § 9:374(A) — 47 cases

McCarroll v. McCarroll, 701 So. 2d 1280 (La. 1997). “Pursuant to LSA-R.S. 9:374, the trial court may order rental payments on the family home.”

Benoit v. Benoit, 91 So. 3d 1015 (La. Ct. App. 2012). “R.S. 9:374. | gpLouisiana Revised Statute 9:374 provided, in part: 7 B.”

McConathy v. McConathy, 632 So. 2d 1200 (La. Ct. App. 1994). “9:308 (now LSA-R.S. 9:374), the court found that she had not proven her entitlement to be paid rent, citing Wochomurka v.”

Gill v. Gill, 895 So. 2d 807 (La. Ct. App. 2005).

Moore v. Moore, 917 So. 2d 1126 (La. Ct. App. 2005).

— La. Rev. Stat. § 9:374(B) — 16 cases

McCarroll v. McCarroll, 701 So. 2d 1280 (La. 1997). “Pursuant to LSA-R.S. 9:374, the trial court may order rental payments on the family home.”

Benoit v. Benoit, 91 So. 3d 1015 (La. Ct. App. 2012). “R.S. 9:374. | gpLouisiana Revised Statute 9:374 provided, in part: 7 B.”

Goodwin v. Goodwin, 618 So. 2d 579 (La. Ct. App. 1993).

Piccione v. Piccione, 824 So. 2d 427 (La. Ct. App. 2002).

Ball v. Ball, 757 So. 2d 824 (La. Ct. App. 2000). “R.S. 9:374 reflects that general rule but provides that the court may award one spouse occupancy to resolve any dispute over the use of the family residence pending a partition.”

— La. Rev. Stat. § 9:374(C) — 51 cases

McCarroll v. McCarroll, 701 So. 2d 1280 (La. 1997). “Pursuant to LSA-R.S. 9:374, the trial court may order rental payments on the family home.”

Roque v. Tate, 631 So. 2d 1385 (La. Ct. App. 1994). “9:374(C) provides: A spouse who uses and occupies or is awarded by the court the use and occupancy of the family residence pending either the termination of the marriage or the partition of the community property in accordance with the provisions of R.S. 9:374(A) or (B) shall…”

David v. David, 117 So. 3d 148 (La. Ct. App. 2013). “R.S. 9:374(C) unless otherwise agreed by the spouses or ordered by the court.”

Kline v. Kline, 741 So. 2d 670 (La. Ct. App. 1999). “R.S. 9:374. At trial, Mike sought reimbursement for one-half of his separate property expenditures servicing the community construction loan and reimbursement for one-half of expenses he incurred improving the home.”

Benoit v. Benoit, 91 So. 3d 1015 (La. Ct. App. 2012). “R.S. 9:374. | gpLouisiana Revised Statute 9:374 provided, in part: 7 B.”

— La. Rev. Stat. § 9:374(D) — 2 cases

Martello v. Martello, 960 So. 2d 186 (La. Ct. App. 2007). “LSA-R.S. 9:374(C) provides, in pertinent part: If the court awards use and occupancy to a spouse, it shall at that time determine whether or not to award rental for the use and occupancy and, if so, the amount of the rent.”

Tina Carter Thomas Versus Thomas Lowell Thomas Jr. (La. Ct. App. 2022).

— La. Rev. Stat. § 9:374(E) — 1 case

Burkart v. Burkart, 71 So. 3d 532 (La. Ct. App. 2011).

— La. Rev. Stat. § 9:374(c) — 1 case

Norman v. Norman, 775 So. 2d 18 (La. Ct. App. 2000).

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