How to force the sale of shared property under Louisiana law

Short answer: In Louisiana, any co-owner may ask a court to partition immovable property. If the property cannot be fairly divided in kind, the court can order a judicial sale (called a licitation) and divide the proceeds among the co-owners after paying liens and costs. To force that sale when other co-owners refuse to make buyout offers, you must file a petition for partition (seeking partition by licitation if an in-kind division is impractical) in district court and follow the statutory partition procedures.

Detailed answer — what partition is and how it works in Louisiana

Co-ownership in Louisiana gives each co-owner a right to demand that the common thing be divided. When co-owners cannot agree on a voluntary sale or a buyout, Louisiana law provides a judicial process called a partition action. The court will try to divide the property in kind (physically) when that is possible and fair. If physical division is impracticable or would defeat the equitable interests of the parties, the court may order a sale by licitation (judicial sale) and divide the sale proceeds among the co-owners.

Partition procedure is governed by Louisiana law. The basic statutory framework for partition actions is found in the Louisiana Code of Civil Procedure (partition provisions). For the authoritative statutory language and procedure, see the Louisiana Legislature website: https://www.legis.la.gov/ (search for “Code of Civil Procedure” and “partition”).

Key legal concepts

Partition in kind — the court attempts to physically divide the immovable property so each co-owner receives a separate portion.
Partition by licitation — if in-kind division is impractical or would be unfair, the court orders the property sold at a judicial (public) sale and divides the proceeds.
Accounting — the court may order an accounting for contributions (mortgage payments, taxes, improvements) so the sale proceeds reflect each co-owner’s net share.
Priority of encumbrances — liens, mortgages, and court-ordered costs are paid from sale proceeds before the net distribution to co-owners.

Step-by-step: How to force a sale when other co-owners won’t buy you out

Collect title and ownership documents.

Get the deed, mortgage statements, tax records, and any agreements between co-owners. You must name all co-owners and any lienholders when you file.
File a petition for partition in the district court where the property is located.

The petition should identify the property, list all co-owners and their interests, state that partition is requested, and ask the court either to divide the property in kind or, if that is impractical or inequitable, to order partition by licitation (a judicial sale).
Request appointment of commissioners or experts if needed.

The court typically appoints commissioners (appraisers) to inspect and value the property and to recommend whether partition in kind is feasible. Their report helps the judge decide whether to divide the property or order licitation.
If the court finds division in kind impractical, ask for licitation (judicial sale).

Licitation proceeds like other judicial sales: appraisal, public sale under court supervision, sale confirmation, and distribution of net proceeds after paying mortgages, liens, taxes, and court costs.
Address liens and encumbrances.

Mortgages and other secured claims are paid from the sale proceeds according to their priority. If co-owners disagree about debt responsibility, raise those issues in the partition proceeding so the court can sort priority and responsibility.
Seek an accounting and reimbursement orders.

Ask the court to account for improvements, mortgage payments, property taxes, and other contributions made by any co-owner. The court can adjust each owner’s share to reflect such payments, credits, or debts.
Enforce the sale and distribution.

After licitation and confirmation, the judge signs an order directing distribution of net proceeds to co-owners and payment of creditors. If a co-owner purchased the property at licitation, the court can register the new title in that co-owner’s name.

Practical evidence and pleadings to include

A certified copy of the deed or chain of title.
Names and last-known addresses of all co-owners and lienholders.
Mortgage and tax statements, bills for improvements or repairs, receipts for payments you made on behalf of the property.
Any agreement among co-owners (written partition agreements, buy/sell offers) and communications showing refusal to buy you out.

What the court considers when deciding to order licitation

Courts look at whether the property can be divided fairly without substantially reducing its value, whether division would be inequitable, and whether personal rights of co-owners require protection. If a forced division would destroy the utility or value of the property (for example, splitting a single-family home into parts that are not functional), the court is more likely to order licitation.

Timing, costs, and likely timeline

Partition suits may take several months to over a year, depending on complexities: appraisal, discovery, any title disputes, contesting lien priorities, and scheduling the licitation. Costs include court filing fees, appraisal/commissioner fees, attorney fees, and sale costs. Those costs are typically paid from sale proceeds or allocated among co-owners by the court.

When to consider settlement or alternatives

Even if you want a sale, consider mediation or negotiation. A buyout (you buy out co-owners or vice versa) often saves fees and time. If partition costs exceed your expected share, negotiating may be better. But if other co-owners stonewall and refuse reasonable offers, the court’s partition-by-licitation remedy is your statutory path to a sale.

Relevant Louisiana law resources

Partition procedure and rules are found in the Louisiana Code of Civil Procedure and related Louisiana Civil Code provisions governing co-ownership and obligations. For statutes and official language, consult the Louisiana Legislature website: https://www.legis.la.gov/ (search “partition” or “licitations” in the Code of Civil Procedure and “co-ownership” in the Civil Code).

When to hire an attorney

Consider consulting a Louisiana attorney if the title is unclear, multiple liens exist, co-owners contest the action, or substantial values are involved. An attorney can prepare pleadings, protect your accounting claims for contributions, handle notice to all parties, and manage the sale and distribution phase.

FAQ-style quick answers

Can I force a sale if other owners refuse to buy me out? Yes. File a partition action and request partition by licitation if in-kind division is impractical.
Who pays liens and costs? Liens and mortgage claims are paid from sale proceeds according to priority; court costs and sale costs are generally paid from proceeds as well.
Can the court adjust shares for payments I made? Yes. Ask the court for an accounting and reimbursement for contributions, mortgage payments, taxes, or improvements you paid.

Disclaimer

This article explains general Louisiana law about partition and licitation and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Louisiana lawyer.

Helpful Hints

Start by gathering deeds, mortgage statements, tax records, and receipts for payments related to the property.
Identify and notify all co-owners and any lienholders — proper notice is critical to a valid partition sale.
Request appointment of commissioners/appraisers early to speed the valuation step.
Ask the court for an accounting so your out-of-pocket contributions can be credited against your share.
Consider mediation before trial; a negotiated buyout often costs less than a litigated sale.
Budget for costs (appraisals, legal fees, sale costs) — those typically come out of sale proceeds.
Consult a Louisiana attorney if the title is contested, liens are complex, or high value is at stake.