• Real estate laws are determined state by state, and thus it's important to know the laws of your state if you buy or are thinking of owning property. It is especially important to understand laws associated with real estate in Louisiana before purchasing property, since Louisiana's rules are different from the rest of the United States in some important ways.
  
  

Immovable Property Laws

• Louisiana is the only state in the United States that does not base its legal system around the British common law system. Louisiana bases its laws for real estate on the French Napoleonic Code. Unlike the common law system, Louisiana does not base its law on the previous rulings and precedents of judges. The Napoleonic Code was applied in a time when most people were illiterate, or didn't understand the laws. One way that Louisiana differs from the other states in terms of its laws is that Louisiana refers to property by another name in its legal documents. Instead of referring to it as "real estate," Louisiana calls it "immoveable property."
  
  

Separate and Community Property Real Estate

• Real estate laws are separated into two different categories in Louisiana: community property and separate property. The distinctions between these two categories aren't as easy as "one person" owning the property or "two people" owning the property. For example, simply because a married couple purchases a house, that does not make it a community property. Certain factors are used to distinguish between the categories. These factors include things like which of the party's funds were used to purchase the property, or if one party contributed a majority of the funds. Once it's determined if property is community or separate, this influences the rights a person has to the property, such as the right to sell.
  
  

Inheritance of Real Estate

• Inheritance of real estate operates differently in Louisiana from other states. Since the inheritance laws are based on the Napoleonic Code, the laws are designed to protect property from leaving one's family. This makes it difficult for an owner to leave a property to someone outside the family in his will. In fact, in certain cases, Louisiana will not even allow property to be left to someone outside the family despite the wishes of the deceased, such as if an individual is married and his surviving spouse has an interest in the property.