Business Contracts claiming usufruct

[usufruct]

I own half of a nightclub but my business partner has died ,he owned the freehold that the business operated in which will now pass to his wife. We operated a limited company with one share each but no formal lease agreement as we were best friends for 30 years. Can I claim usufruct ?

 

[army judge]

I own half of a nightclub but my business partner has died ,he owned the freehold that the business operated in which will now pass to his wife. We operated a limited company with one share each but no formal lease agreement as we were best friends for 30 years. Can I claim usufruct ?

I think you're from the UK.
That's why we inquire about your jurisdiction.
If you're in the UK, or any nation which derived its law from the UK Common Law, you have several problems.
Usufruct never found its way into English common law based systems.
Some hold out the belief that usufruct did stick his nose under the sultan's tent in the form of adverse possession.
I'm sure that's how your deceased partner's widow would see such a claim.
Furthermore, usufruct, derived from Roman-based legal systems.
Usufruct is the temporary right to the use and enjoyment of the property of another, without changing the character of said property.
Under our common law system, such usage proscribed under usufruct defies equity, the "fairness" side of common law based systems.
Moreover, the property you reference, particularly the freehold has passed to his spouse.
Any right you right you would attempt to assert using usufruct would be extinguished by her freehold, I suspect in fee simple.

Beyond the legal jumbo jumbo above, the simple answer is we have no usufruct under our English common law.

I suggest you buy her out. Make her an offer, as she will likely sell the property anyway.