Henri and Celeste are married and own a home in Metairie as community property. Henri recently passed away, leaving Celeste with a usufruct over his share of the community property, while their adult son, Jacques, holds naked ownership of Henri's share. Celeste now wishes to sell the home. Which parties must sign the Act of Sale for the transaction to be valid and recordable under Louisiana law?
Correct Answer
A) Celeste and Jacques, because the usufructuary and naked owner must both consent to alienate immovable property
Under Louisiana Civil Code Articles 567 and 605, a usufructuary does not have the right to alienate immovable property — that right belongs to the naked owner. However, to sell the property free and clear of the usufruct, both the usufructuary (Celeste) and the naked owner (Jacques) must join in the Act of Sale. Celeste holds the usufruct over Henri's share, and Jacques holds naked ownership of that same share. Both must consent to extinguish their respective real rights and convey full ownership to the buyer.
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Related Topics & Key Terms
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