Radcliffe 10, LLC v. Burger

This action for nullity was brought by a judgment creditor against a judgment debtor and his wife. At issue was whether the couple’s failure to file a codally-required joint petition to commence the termination of their community property regime resulted in an absolute nullity or a relative nullity. Because the failure to file a joint petition results in a relative nullity as defined by La. C.C. art. 2031, the Supreme Court reversed the trial court’s judgment holding to the contrary. Judgment was rendered in favor of the couple. View "Radcliffe 10, LLC v. Burger" on Justia Law