|
|
Last
Modified on
Sep 28, 2026
When one person has a usufruct over a Louisiana house and someone else owns the naked ownership, a repair bill can quickly become a family dispute. The starting rule is straightforward: the usufructuary pays for ordinary maintenance and repairs, while the naked owner pays for extraordinary repairs. But the law draws that line by the nature of the work, not by the size of the invoice.
Ordinary repairs usually fall on the usufructuary
Civil Code article 577 makes the usufructuary responsible for ordinary maintenance and repairs needed to keep the property in good order. This remains true when the need results from normal use, accident, or force majeure. If the usufructuary’s fault or neglect causes a repair that would otherwise be extraordinary, the usufructuary must pay for it.
Examples may include routine upkeep, smaller repairs, and work needed to prevent avoidable deterioration. An estimate that calls a project “major” does not resolve the legal classification. Article 578 defines extraordinary repairs as reconstruction of the whole or a substantial part of the property. All other repairs are ordinary.
What if the house needs substantial reconstruction?
The naked owner is ordinarily responsible for extraordinary repairs. If the naked owner refuses, article 579 permits the usufructuary to make those repairs and obtain reimbursement without interest at the end of the usufruct. The same article allows a naked owner to compel the usufructuary to make repairs for which the usufructuary is responsible. Before undertaking expensive work, the parties should document the condition, obtain estimates, and address any disagreement about classification and reimbursement.
Who pays property taxes and insurance?
Civil Code article 584 puts periodic charges, including property taxes imposed during the usufruct, on the usufructuary. Insurance needs separate attention. The policy, mortgage requirements, instrument creating the usufruct, and type of loss can all affect who must maintain coverage and how a claim will be handled. The parties should confirm that the policy identifies the appropriate interests and that premiums do not lapse.
Insurance proceeds do not necessarily belong outright to whichever person receives the check. Civil Code article 617 addresses the usufructuary’s and naked owner’s interests in proceeds when property subject to usufruct is lost or damaged. A significant claim warrants review before either party spends the proceeds or signs a release.
Improvements are different from required repairs
A kitchen upgrade or addition is not automatically a required repair. Under article 558, a usufructuary may make improvements and alterations at personal cost with the naked owner’s written consent. If consent is refused, the usufructuary may seek court approval after notice for improvements a prudent administrator would make. It is better to settle the scope and cost in writing before construction starts.
The practical solution is a shared record: current tax and insurance statements, photographs, repair estimates, proof of payment, and written agreements on disputed work. For the broader ownership framework, read our guide to naked ownership and our discussion of property use under a usufruct.
Field Law helps Louisiana families identify their respective duties, document expenses, and resolve property questions before they disrupt the value of the home. Contact us about a usufruct and repair dispute.
