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If a married person dies without a will, the surviving spouse inherits a usufruct over the deceased spouse's one-half of the community property until the surviving spouse's death or remarriage.
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.
This usufruct that Louisiana Succession Law provides for a surviving spouse is not automatically given for life, but instead, terminates when the surviving spouse dies or remarries, whichever occurs first.
However, the usufructuary does not have the right to sell the house. Unless that right is specifically granted to the usufructuary in the document establish- ing the usufruct, right belongs to the na- ked owner(s).