Vivienne's father passed away and left her the naked ownership of a family home in Lafayette, with her stepmother Claudette receiving a legal usufruct. Claudette later remarries. A buyer approaches Vivienne wanting to purchase the property. Under Louisiana law, which of the following best describes the effect of Claudette's remarriage on the usufruct and the transaction?
Correct Answer
A) Claudette's remarriage automatically terminates the usufruct, and Vivienne may sell the property without Claudette's involvement
Under Louisiana Civil Code Article 890, a legal usufruct granted to a surviving spouse over the deceased spouse's share of community property terminates upon the surviving spouse's remarriage, unless the naked owners have expressly consented to its continuation. Because Claudette is the surviving spouse who received a legal usufruct under Article 890, her remarriage terminates that usufruct by operation of law. As a result, full ownership consolidates in Vivienne, who may then sell the property without Claudette's participation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
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