Q: Resolving property rights and usufruct with stepchildren in Louisiana.

A: Unfortunately, when a Last Will is not in place to address these blended family concerns, you become a co-owner with the children, and you have only a "legal" usufruct over your spouse's former one-half interest. You are correct. You cannot alienate, encumber, or sell/lease without the reversionary/naked owners' (the children's) consent. Thus, the only thing you can do, if you cannot voluntarily buy out their interest, or sell to a 3rd party, is move the court in the parish where the real property is located for a partition - the home will go to public auction and ultimately be sold. Partition is the only other remedy. If you need to proceed that route, reach out to a probate counselor local to you and in the Parish where the real estate is located.

A: In Louisiana, the concept of usufruct means that you have the right to live in and enjoy the property, but the ownership is split. Since your husband’s sons own a portion of the house, they are entitled to 50% of the property’s value, while you retain the right to use and benefit from it during your lifetime. Your situation is complicated by the fact that you both jointly purchased the property before marriage, so their entitlement to half of the property is tied to the succession and the usufruct arrangement.

Given the deteriorating condition of the property and their lack of cooperation, you have a few potential options. One option is to pursue a partition of the property, where you could seek a court order to divide or sell it. You might also be able to file for a forced sale or ask the court to address their non-cooperation, especially if the property’s condition is worsening.

If you have tried offering to buy them out, but they refuse to cooperate, a legal route such as a partition lawsuit might be necessary. Consult with an attorney familiar with Louisiana property law to guide you through the process of resolving this matter and protecting your interests.