RE: Real Estate Podcast
How Does Civil Law Affect South Louisiana Property Owners? | RE: Real Estate Podcast Content Type Discussion Primary Goal Understand the five ways Louisiana's civil law differs from common law so you can identify where your estate plan, property ownership, or financial advice may need Louisiana-specific review. Keywords Louisiana civil law, forced heirship Louisiana, community property Louisiana, usufruct Louisiana, predial servitudes, Louisiana succession law, South Louisiana property rights, Houma Thibodaux estate planning, Louisiana inheritance law, built to own series, Louisiana real estate law Summary Louisiana is the only US state that runs on civil law – a 200-year-old legal tradition rooted in France, not England – and that single difference shapes how married couples own property, how estates are divided, and whether national financial advice applies here at all. In this episode of the Built to Own series, Clint Galliano and Ben Harang break down five practical civil law concepts every South Louisiana property owner should know: community property, forced heirship, usufruct, predial servitudes, and prescription. They walk through a side-by-side case study showing how the same family’s assets play out very differently in Texas versus Louisiana, and close with actionable homework to help you find out where you actually stand. Key Topics • Why Louisiana is the only US state built on civil law, not common law • Community property: how marriage affects ownership of everything you buy in South Louisiana • Forced heirship: Louisiana’s limit on disinheriting your children and what the légitime means • Usufruct: surviving spouse rights and the competing interests it creates in blended families • Predial servitudes vs. easements and why you need a Louisiana-licensed title company at closing • Prescription: how time silently creates or destroys property rights • Texas vs. Louisiana case study – same family, same assets, materially different outcomes • Why advice from national TV finance personalities may be flat wrong in Louisiana • Homework: how to verify your matrimonial regime and review your estate plan Sound Bites “If you’ve ever taken financial advice from somebody in another state, you’ve probably been told things that are flat wrong in Louisiana.” “Same family, same dollars, different state, different outcome.” “Whether you have a will or you don’t, you have a will – it’s your wishes or the state’s wishes.” “This is the issue that destroys more Louisiana families than any other.” “A will drafted in another state that disinherits a child may be partially invalid here – and the family doesn’t find out until the parent has died.” Chapters 00:00 Cold open – Louisiana’s civil law difference 00:45 Welcome & Built to Own series recap 01:45 Today’s topic: five civil law differences 02:30 Legal disclaimer 03:45 Why Louisiana runs on civil law: history & the Napoleonic Code 06:00 Difference #1 – Community property 08:30 Difference #2 – Forced heirship 10:30 Difference #3 – Usufruct 13:00 Difference #4 – Predial servitudes 16:00 Difference #5 – Prescription & mineral rights preview 18:00 Texas vs. Louisiana case study 22:00 Wrap-up & next week: mineral rights 24:00 Homework Resources Louisiana Civil Code: legis.la.gov – Louisiana Civil Code [https://legis.la.gov/legis/Law.aspx?d=67763] Louisiana State Bar – Find an Attorney: lsba.org – Find a Louisiana Attorney [https://www.lsba.org/public/FindAnAttorney.aspx] Louisiana Successions Overview: sos.la.gov – Louisiana Succession Law [https://www.sos.la.gov/HistoricalResources/PublishDocuments/LouisianaSuccessionLaw.pdf] Show Links Website: rerealestatepodcast.com [https://rerealestatepodcast.com] YouTube: youtube.com/@REREALESTATEPODCAST [https://www.youtube.com/@REREALESTATEPODCAST] Facebook: facebook.com/rerealestatepodcast [https://www.facebook.com/rerealestatepodcast] Instagram: instagram.com/rerealestatepodcast [https://www.instagram.com/rerealestatepodcast/] TikTok: tiktok.com/@rerealestatepodcast [https://www.tiktok.com/@rerealestatepodcast] Find every episode at rerealestatepodcast.com – subscribe wherever you get your podcasts. Hosts Ben Harang REALTOR® | Keller Williams Realty Bayou Partners La. License #: 36589 Mobile: 985.859.2500 | Office: 985.262.4400 ben@benharang.com | benharang.com Clint C. Galliano REALTOR® | Keller Williams Realty Bayou Partners La. License #: 995704723 Mobile: 985.647.4479 | SMS Hotline: (985) 200-5447 Office: 985.262.4400 clint.galliano@kw.com | SoLahomegroup.com Produced by: Clint Galliano | Music by: Wiggins Studios Click here to view the episode transcript. [https://share.transistor.fm/s/153eabe2/transcript] Click here to watch a video of this episode. [https://www.youtube.com/watch?v=8Xh8bxW-bIY]
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