Legal Question in Wills and Trusts in Louisiana

Naked ownership of property

My husband and 10 siblings each inherited 5.7 acres of property from their grandmother with their mother having usufruct. At the succession the property was never divided amongst the siblings because of family fudes. Now, 10 years later, my husband and I wish to build a home on his share of the property and are having difficulty getting all the required signatures. Is it necessary to have each naked owner sign off on us being able to build on a lot of our choice. Can we force a division of the property between siblings? Can the mother, having usufruct, assign us a particular lot? I heard that if we lived there for a certain amount of time with no opposition from the others, the property would become ours. Is this true?


Asked on 2/26/07, 12:29 am

1 Answer from Attorneys
Myrna Arroyo Myrna E. Arroyo, LLC

Re: Naked ownership of property

Your question is a little complicated for a full email answer. You need to visit with an attorney to find out the best way to handle this. All of the naked owners plus the mother would have to sign on a partition to give you a piece of the property in order for you to have good title to that piece, which you will need in order to finance construction. If they refuse, you can bring a suit to force a partition. Hope this helps.

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Answered on 2/26/07, 1:29 am


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