| State legal systems in the United States are based | | | | real estate is referred to as “immoveable |
| on one of two legal systems. Forty-nine states base | | | | property.” |
| their laws on the common law system, first used in | | | | Inheritance and “Forced Heirs” |
| England. | | | | Another area which requires the special attention is |
| However one state, Louisiana, uses the French | | | | that of inheritance within Louisiana. The laws |
| Napoleonic Code as the basis for their legal system. | | | | regarding inheritance derived from the Napoleonic |
| While common law-based legal systems rely on the | | | | Code were intended to ensure that assets remained |
| rulings of judges to set precedents that are used to | | | | in their family of origin, so while the other 49 states |
| make later decisions, the Louisiana system does not. | | | | allow property to be transferred as the owner |
| The Napoleonic Code was intended to simplify the | | | | prefers after their death, this is not always the case |
| laws in a time when many people were illiterate or did | | | | in Louisiana. |
| not have access to printed information. Ironically, the | | | | The laws regarding inheritance of real estate can |
| effort to create a simpler and easier to understand | | | | dictate that close relatives including parents or |
| legal system has resulted in one of the more | | | | children inherit property before anyone else. |
| complex and least understood set of state laws here | | | | Community Property or Separate Property? |
| in Louisiana. | | | | The real estate laws in Louisiana separate property |
| There are many other distinctions between the two | | | | ownership into two categories: |
| systems, but it is not as important to know every | | | | - Community property |
| single distinction as it is to understand that there are | | | | - Separate property |
| significant differences between the state laws in | | | | While the difference between two distinctions may |
| Louisiana and those of most other states. | | | | seem apparent initially, upon closer inspection, the line |
| Real Estate Law Basics | | | | becomes less clear. For example, once a couple is |
| Real estate laws are the laws that address the land | | | | married, all properties do not automatically become |
| and anything built upon that land including ownership, | | | | community properties, and in the case of divorce, |
| usage, and transfer of ownership of that land. As | | | | one spouse may not have any claim to or rights in |
| discussed above, Louisiana’s unique legal heritage | | | | regard to certain properties. Some of the factors |
| has affected the current laws in many ways. One | | | | that are considered in this situation are when the |
| such way is the term used to refer to real estate in | | | | property was purchased and which party’s funds |
| this state. While the rest of the United States uses | | | | were used, which can be a difficult fact to ascertain. |
| “real estate” in legal documents, in Louisiana | | | | |