How Does Civil Law Affect South Louisiana Property Owners? | 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
Louisiana State Bar – Find an Attorney: lsba.org – Find a Louisiana Attorney
Louisiana Successions Overview: sos.la.gov – Louisiana Succession Law
Show Links
Website: rerealestatepodcast.com
YouTube: youtube.com/@REREALESTATEPODCAST
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Instagram: instagram.com/rerealestatepodcast
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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
Creators and Guests
Host
Ben Harang
Ben Harang brings over 30 years of experience as a licensed agent and currently works with Keller Williams Realty Bayou Partners. Ben’s experience includes single family residential sales, large land sales, subdivision development, building new construction residential and commercial projects and selling REO/Foreclosed properties.
Host
Clint C. Galliano
Clint Galliano, who’s been an agent since 2020 & an investor since 2008, also with Keller Williams Realty Bayou Partners. Clint’s experience includes residential sales, residential rentals, property management, and various avenues of investing.
