Pierre dies intestate leaving behind his wife, Cecile, and two adult children from a prior marriage. Pierre and Cecile's marital home was community property. Under Louisiana succession law, Cecile receives a usufruct over Pierre's half of the community property, and the two children become naked owners of Pierre's share. Cecile wants to sell the marital home. Which of the following correctly describes the signature requirement for the act of sale?
Correct Answer
D) Cecile and both children must all sign the act of sale for the transaction to be valid
Under Louisiana Civil Code Articles governing usufruct and naked ownership, the usufructuary (Cecile) has the right to use and enjoy the property but cannot alienate (sell) it without the consent of the naked owners. Conversely, the naked owners cannot sell the full property without the usufructuary's participation. Because Cecile owns her own half of the community property outright, and the children hold naked ownership of Pierre's half while Cecile holds the usufruct over that same half, all parties — Cecile and both children — must sign the act of sale to convey clear, unencumbered title to a buyer.
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