Reply by Malbrough_LA on 1/25/13 10:13am
Msg #452109
This sounds like Usufruct of the surviving spouse in LA. Not sure if it's exactly the same. Wouldn't expect a Title or SS to know anything about this for LA, so posted mostly for their benefit...if they read here. (I can dream, right?)
La. C.C. art. 835: Usufruct is a real right of limited duration on the property of another. The features of the right vary with the nature of the things subject to it as consumables or nonconsumables.
La. C.C. art. 890: If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament. this usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.
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Reply by James Powell on 1/28/13 8:49am
Msg #452636
Not exactly. From the description, Usufruct is the same as what is known as Dower in other states. It is the right of a wife in her husband's property. (Those French! It's like they have a whole 'nother word for everything!)
Tenants by the entireties is inseparable. Neither party can do anything with the property without the agreement of the other. Both parties are considered as one, as far as the law is concerned. In Michigan, tenants by the entireties is automatically conferred to those who take title as husband and wife. In other states, it may be necessary to explicitly state TBE, as it may otherwise be considered to be joint tenancy.
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