Sciortino v. Sciortino

ON APPLICATION FOR REHEARING

In her application for rehearing, Defendant argues for the first time that a husband cannot sue his wife during the marriage for a partition of property. Regarding property owned in indivisión, a husband can sue his wife for the return of his separate property. Kramer v. Freeman, 198 La. 244, 3 So.2d 609; Seeling v. Seeling, La.App., 133 So.2d 168. Regarding property belonging to the former community, Defendant cites Carter v. Third Dist. Homestead Ass’n, 195 La. 555, 197 So. 230; Smith v. Reddick, 42 La.Ann. 1055, 8 So. 539; Falconer v. Falconer, 167 La. 595, 120…