Legal Question in Real Estate Law in Louisiana

Real Estate

Can a person donate a house and property to an unrelated person in Lousiana? Any idea what is involved with getting this done?


Asked on 5/30/07, 5:08 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Real Estate

A donation intervivos is an act by which the donor divests himself, at present and irrevocably, of the thing given, in favor of the donee who accepts.(La.C.C. Article 1468)

Louisiana Civil Code Articles 1536, 1538 and 1539 regulate the donation of incorporeals and movable property:

Article 1536 provides:

*608 "An act shall be passed before a notary public and two witnesses of every donation inter vivos of immovable property or incorporeal things, such as rents, credits, rights or actions, under the penalty of nullity."

Article 1538 provides:

"A donation inter vivos, even of movable effects, will not be valid, unless an act be passed of the same, as is before prescribed.

'Such an act ought to contain a detailed estimate of the effects given.' "

Article 1539 provides:

"The manual gift, that is, the giving of corporeal movable effects, accompanied by a real delivery, is not subject to any formality."

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Answered on 5/30/07, 12:23 pm


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