Community Associates, Inc. v. St. Clair

LEMMON, Judge.

Mrs. Pauline St. Clair has appealed from a judgment maintaining an exception of no cause of action to her petition of intervention, by which she had claimed the benefits of the homestead exemption in a judicial sale.

Mr. and Mrs. St. Clair acquired the Orleans Parish property in 1967, during the existence of the community, and thereafter resided there. In 1974 Mr. St. Clair executed a promissory note secured by a mortgage on the property in which he waived the homestead exemption. However, his wife did not join in the mortgage and thus did not waive the homestead exemption.

Mr.…