By Perkins Road Notary
Your spouse’s rights in the family home depend on how the property is owned, who survives you, and whether you leave a valid will. Marriage does not automatically give the surviving spouse full ownership of every home.
Start with community or separate property
Property acquired through the spouses’ work during a community regime is generally community property. But not everything acquired during marriage is community. A home inherited by one spouse or donated to that spouse individually can be separate property. Property owned before the community regime can also remain separate.
The deed, source of funds, marital agreement, and later transfers can matter. A name on the deed alone may not settle every ownership question. Have an attorney review the actual documents when the classification is uncertain.
A community home when there are descendants
The surviving spouse retains their own share of the community property. If the deceased spouse leaves descendants and has not disposed of their community share by will, the survivor generally receives a usufruct over that share, while the descendants inherit ownership subject to it.
A usufruct is a right to use and enjoy property belonging to someone else. Under Civil Code article 890, this legal usufruct ends at the surviving spouse’s death or remarriage, whichever occurs first. It is different from owning the whole home outright.
A community home when there are no descendants
Under Civil Code article 889, when the deceased spouse leaves no descendants, the surviving spouse inherits the deceased spouse’s share of community property through intestate succession.
A separately owned home
Separate property follows different inheritance rules. Descendants and certain other relatives can inherit ahead of the surviving spouse. But it is also inaccurate to say that a spouse never inherits separate property: article 894 provides for the spouse to inherit when the deceased leaves no descendants, parents, siblings, or descendants of siblings, subject to its conditions.
Plan for the result you want
A will can change who receives property or how a spouse’s rights are structured, within Louisiana’s legal limits. Do not assume that a will can dispose of property belonging to the other spouse or defeat every protected heir’s rights. Ask an attorney to review blended-family concerns, forced heirship, home ownership, and any proposed usufruct.
Start with our estate-planning services. For advice about ownership and inheritance rights, contact Field Law.
Official sources
Louisiana Civil Code articles 2341, 889, 890, and 894.
Get help in Baton Rouge
Call Perkins Road Notary at (225) 341-3828 or visit 6161 Perkins Road, Suite 1C, Baton Rouge. See our notary services. Curbside service is available at our office; call when you arrive. We do not provide mobile visits.
Updated October 8, 2026: This article was revised to reflect current Louisiana law, agency procedures, and Perkins Road Notary service information, as applicable.