Vives v. Fortier

While I concur in most of the conclusions of the majority, I must dissent from that part which holds that the husband should not reimburse his wife for half of the mortgage debt paid by her to the building and loan association following her purchase of the property at the public sale instituted by the federal government to collect federal income taxes.

The contention of the husband' that his divorced wife did not acquire the home as her separate property is not tenable. He cites Miller v. Vivian Oil Co., 131 La. 761, 60 So. 236, for the proposition that, when a co-owner buys property at a…