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A usufruct is established by law in favor of a surviving spouse when a community property spouse dies intes- tate, whereupon the decedent's children become the ?naked owners? subject to that usufruct. The granting of a usufruct is not constrained to the laws of intes- tacy, however.
Usufruct right for real estate The conditional usufruct is chosen when the ownership of a property changes and the previous owner simultaneously receives the usufruct on a conditional basis. Once the transfer of the property is complete, the conditional usufruct becomes a fixed right of use.
Usufruct is the right to use and benefit from a property, while the ownership of which belongs to another person. The person who enjoys the usufruct is called the usufructuary.
Usufructs and Naked Ownership Under Louisiana Law A usufruct is a right by one person over the property of another. It is similar to a life estate in common law jurisdictions, except that a usufruct can last for a specific period of time other than a lifetime.
While a usufruct allows extensive rights over the asset, it does not transfer the ownership of the asset itself to the usufructuary. While the usufructuary (the person who holds the usufruct right) can let the property, they are not allowed to sell it or bequeath it to another party.