William P. Dering v. Kay W. Dering

Supreme Court of Louisiana
March 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
WILLIAM P. DERING
VS.
KAY W. DERING
No. 2022-C-01857
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I
N RE: William P. Dering - Appellant Plaintiff; Applying For Writ Of Certiorari,
Parish of Calcasieu, 14th Judicial District Court Number(s) 2020- 114 c/w 2020 -
1862, Court of Appeal, Third Circuit, Number(s) 22-510 C/W 22-341;
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March 07, 2023
Writ application granted. See per curiam.
Weimer, C.J., dissents and assigns reasons.
Griffin, J., dissents for the reasons assigned by Chief Justice Weimer and assigns
additional reasons.
JDH
SJC
JTG
WJC
JBM
03/07/2023 "See News Release 012 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-01857
WILLIAM P. DERING
vs.
KAY W. DERING
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Calcasieu
PER CURIAM
Writ granted. These former spouses executed a Community Property Partition
Agreement on June 16, 1981, just prior to their August 6, 1981 divorce. In
opposition to a Petition to Partition Co-Owned Immovable Property, filed by the
applicant on January 9, 2020, respondent filed a motion for summary judgment,
alleging that she was granted a lifetime usufiuct over the home pursuant to their
agreement. In a cross motion for summary judgm.ent, the appli cant argued that the
agreement merely granted respondent a right ofhabitation that terminated when their
children reached the age of majority.
The agreement executed by the parties provides that: "[t]he parties hereto
further declare that they shall remain owners in indivision, each owning an
undivided one-half(½) interest" in the property on which their former family home
is located. As such, the parties stated that they both "remain jointly and solidarily
liable to pay the unpaid balance" of the note secured by the mortgage on the home.
The agreement further provides as follows:
The parties further agree that the aforementioned immovable
property may remain in the care of KAY DERING, born Watson, as
residence for the two minor children born of the marriage, for whom
KAY DERING, born Watson, has the temporary and finally the
permanent care, custody, and control, namely JAMES TROY DERING
and JEREMY PAUL DERING. This agreement remains valid for as
long as KAY DERING, born Watson, chooses to reside there, with the
03/07/2023