Louisiana Usufruct

[Joshluke]

Hi. My dad died a few years ago and left me and my step brother his 2 acres of land. In the will he gave my mom Usufruct over the property. She is allowing me to live on the property but my step brother thinks that since I'm living here I have to give him half of the value. So I guess my question is since my mom has Usufruct and I'm living there, can he legally make me pay? I'm under the impression that I wont have to pay him until she dies or remarries. Also, by me living on the property, does that forfeit her Usufruct? I looked up the definition of Usufruct and it says that she can rent it out so its kind of like she is renting it to me

 

[quincy]

Hi. My dad died a few years ago and left me and my step brother his 2 acres of land. In the will he gave my mom Usufruct over the property. She is allowing me to live on the property but my step brother thinks that since I'm living here I have to give him half of the value. So I guess my question is since my mom has Usufruct and I'm living there, can he legally make me pay? I'm under the impression that I wont have to pay him until she dies or remarries. Also, by me living on the property, does that forfeit her Usufruct? I looked up the definition of Usufruct and it says that she can rent it out so its kind of like she is renting it to me

Your stepbrother has an interest in the property but neither you nor your stepbrother become full owners of the property until your mother dies. Your mother was given the right to enjoy the property during her lifetime but that does not negate your stepbrother’s right to benefit from the property. He can sell his interest.

The following link provides a brief description of the Louisiana law but you should see an attorney in your area for a personal review:

http://goea.louisiana.gov/assets/legalservicesfiles/Probateandsuccession.pdf

 

[Joshluke]

Your stepbrother has an interest in the property but neither you nor your stepbrother become full owners of the property until your mother dies. Your mother was given the right to enjoy the property during her lifetime but that does not negate your stepbrother’s right to benefit from the property. He can sell his interest.

The following link provides a brief description of the Louisiana law but you should see an attorney in your area for a personal review:

http://goea.louisiana.gov/assets/legalservicesfiles/Probateandsuccession.pdf

Yes I had read a similar document in the past. If I have to pay him so be it. Im not trying to get out of paying him but with everything going on in the world at the moment, I can't afford to pay him. I was always told that he can't force me to buy his half or force me to move out until my mom dies. Its kinda like she is renting the home to me. Thats what I was told but you know how that goes lol. Thanks for the reply

 

[quincy]

Yes I had read a similar document in the past. If I have to pay him so be it. Im not trying to get out of paying him but with everything going on in the world at the moment, I can't afford to pay him. I was always told that he can't force me to buy his half or force me to move out until my mom dies. Its kinda like she is renting the home to me. Thats what I was told but you know how that goes lol. Thanks for the reply

Unfortunately, problems are not uncommon when two or more people have equal shares of, or equal interest in, any type of property.

If you cannot afford to buy out your stepbrother’s interest in the property, you potentially could find yourself with a stranger as co-owner in the property if your stepbrother decides to sell his half.

That said, half-interest in property with a usufructuary might not attract many buyers.

 

[Joshluke]

Unfortunately, problems are not uncommon when two or more people have equal shares of, or equal interest in, any type of property.

If you cannot afford to buy out your stepbrother’s interest in the property, you potentially could find yourself with a stranger as co-owner in the property if your stepbrother decides to sell his half.

That said, half-interest in property with a usufructuary might not attract many buyers.

With all that being said, if he was to get a lawyer, could he force me to buy his half? Or would he just have to find someone willing to buy his half?

 

[quincy]

With all that being said, if he was to get a lawyer, could he force me to buy his half? Or would he just have to find someone willing to buy his half?

You cannot be forced to buy his half of the property.

 

[Joshluke]

You cannot be forced to buy his half of the property.

Ok. Well thank you very much for the info. I think the best course of action is to save and try to buy his half and be done with it. It does ease my mind a bit knowing he can't force me to buy his half, although it would suck if he sold his half to a stranger. Have a great night!

 

[quincy]

Ok. Well thank you very much for the info. I think the best course of action is to save and try to buy his half and be done with it. It does ease my mind a bit knowing he can't force me to buy his half, although it would suck if he sold his half to a stranger. Have a great night!

You are not in an enviable position but your stepbrother really isn’t either. Good luck.

Thanks for the thanks. I hope you have a good night, too.

 

[Litigator22]

Hi. My dad died a few years ago and left me and my step brother his 2 acres of land. In the will he gave my mom Usufruct over the property. She is allowing me to live on the property but my step brother thinks that since I'm living here I have to give him half of the value. So I guess my question is since my mom has Usufruct and I'm living there, can he legally make me pay? I'm under the impression that I wont have to pay him until she dies or remarries. Also, by me living on the property, does that forfeit her Usufruct? I looked up the definition of Usufruct and it says that she can rent it out so its kind of like she is renting it to me

The answer is no. You have no such liability to your thickheaded stepbrother.

But let's examine the issue from a different perspective. Suppose your mother (the usufructuary) were to lease her rights to all or a portion of the property or usufruct. (This she is freely entitled to do as per Louisiana Civil Code Article 567 *)

Should she elect to do so do you think for a minute that either you or your stepbrother (the legitimes or naked owners) would have a viable claim against her tenant for any of the rents called for by the lease? Of course not! No more than either or you could demand rent from your mother.

My point is this:

Excepting such restrictions as may be imposed by the creation of the usufruct - the usufructuary has exclusive dominion over the property and is entitled to its use and the enjoyment of all the rents, issues and profits derived therefrom. If mother chooses to allow you or anyone else to share in the use of the property that is her prerogative. Moreover, her doing so does not create any rights in the naked owners as against any so benefited from her largess.

[*] Louisiana Civil Code Art. 567. . . . "The usufructuary may lease, alienate, or encumber his right. All such contracts cease of right at the end of the usufruct. . . "

 

[quincy]

Mom cannot sell the property without permission from the sons but, if mom remarries, the sons can force her to sell the property.

 

[Joshluke]

The answer is no. You have no such liability to your thickheaded stepbrother.

But let's examine the issue from a different perspective. Suppose your mother (the usufructuary) were to lease her rights to all or a portion of the property or usufruct. (This she is freely entitled to do as per Louisiana Civil Code Article 567 *)

Should she elect to do so do you think for a minute that either you or your stepbrother (the legitimes or naked owners) would have a viable claim against her tenant for any of the rents called for by the lease? Of course not! No more than you or your sibling could demand rent from you mother.

My point is this:

Excepting such restrictions as may be imposed by the creation of the usufruct - the usufructuary has exclusive dominion over the property and is entitled to its use and the enjoyment of all the rents, issues and profits derived therefrom. If mother chooses to allow you or anyone else to share in the use of the property that is her prerogative. Moreover, her doing so does not create any rights in the naked owners as against any so benefited from her largess.

[*] Louisiana Civil Code Art. 567. . . . "The usufructuary may lease, alienate, or encumber his right. All such contracts cease of right at the end of the usufruct. . . "

Thank you. Well explained information. I was just a little worried being my step brother was threating to take me to court but I figured no lawyer would take the case on that but I could be mistaken.

 

[quincy]

Thank you. Well explained information. I was just a little worried being my step brother was threating to take me to court but I figured no lawyer would take the case on that but I could be mistaken.

I imagine your stepbrother is bluffing about court.

 

[Litigator22]

Mom cannot sell the property without permission from the sons but, if mom remarries, the sons can force her to sell the property.

You don't know that! You can't know it! And the reason you can't know it is because none of us have been informed as to the characterization of the usufruct.

We aren't told whether the testator's devise related to his sole and separate property or merely his vested one half interest in community property shared by the deceased and his widow. If the latter, neither her death, her remarriage nor any other such collateral event would alter or in any way diminish her vested 50% ownership rights!

 

[quincy]

You don't know that! You can't know it! And the reason you can't know it is because none of us have been informed as to the characterization of the usufruct.

We aren't told whether the testator's devise related to his sole and separate property or merely his vested one half interest in community property shared by the deceased and his widow. If the latter, neither her death, her remarriage nor any other such collateral event would alter or in any way diminish her vested 50% ownership rights!

You are right. I can’t know if or how a remarriage by mom will affect the usufruct.

The Governor’s Office of Elderly Affairs only says that “if a married person dies without a will, the surviving spouse inherits usufruct over the deceased spouse’s one-half of the community property until the surviving spouse’s death or remarriage.” Josh said his father had a will.

Thank you for emphasizing your statements with exclamation points, Litigator. I am always impressed by how much more professional your posts look with their addition.