Louisiana Termination Of Usufruct Over Real Estate
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FAQ
Since a usufruct is strictly personal the usufructuary may not alienate the usufruct itself, that is, he cannot transfer the usufruct to another person so as to give the transferee the usufruct for his, the transferee's lifetime.
A usufruct terminates by an express written renunciation. A creditor of the usufructuary may cause to be annulled a renunciation made to his prejudice.
Unless confirmed for life in a will, the legal usufruct of Art 890 terminates upon the remarriage of the surviving spouse. It would also terminate at the death of that spouse and the full ownership of the property would then vest in the children or other descendants.
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.A usufruct can apply to real estate or other types of property.
Louisiana Civil Code Article 616 governs the sale of the property. The naked owners and usufructuary can agree to sell, or the usufructuary may have the right to make a sale. When a sale occurs, the usufruct terminates but attaches to the money received from the sale, unless the parties agree otherwise.
A usufruct terminates by an express written renunciation. A creditor of the usufructuary may cause to be annulled a renunciation made to his prejudice.
The person who holds the usufruct, also known as the usufructuary, has the right to make use of the property and enjoy its profits and benefits provided the property is not damaged or altered in any way.While the usufructuary can rent the property out, they are not allowed to sell or leave the home to another party.
