How do co-owners initiate a partition action to divide or sell shared real property in Louisiana (LA)?

Detailed Answer

When co-owners of real property in Louisiana cannot agree about possession, management, or whether to keep or sell the property, one co-owner can ask a court to force a division or sale through a partition action. Louisiana law gives courts the power to divide property in kind when feasible or order a sale (licitation) when division is not practical. See the Louisiana Legislature law search for partition and co-ownership for statutory guidance: legis.la.gov – partition and legis.la.gov – co-ownership.

Who may file and where

Any co-owner (owner of an undivided share) may file a petition for partition. The petition should be filed in the district court in the parish where the property is located. The plaintiff must join all other co-owners and any parties who claim interests that could affect title (mortgagees, lienholders, lessees). If proper parties are omitted, the court can dismiss or delay the case until everyone is included.

Common steps to initiate a partition action in Louisiana

1. Gather documents: Collect deeds, title documents, mortgage statements, tax bills, surveys, leases, and any written agreements among co-owners.
2. Prepare a written demand (optional but advisable): Before filing a suit, many lawyers send a demand letter asking for voluntary partition or buyout. This can sometimes produce a negotiated solution without court intervention.
3. Draft and file the petition: The petition should describe the property (legal description), identify all co-owners and interested parties, state each party’s claimed share (if known), and request partition in kind or, if division is not practicable, partition by licitation (sale). Include requests for accounting, appointment of commissioners or appraisers, and a judicial order directing distribution of proceeds.
4. Serve all parties: Proper service of process lets the court acquire jurisdiction over co-owners and claimants.
5. Pre-trial procedures: The court may order appraisals, a survey, mediation, or appointment of commissioners to try to divide the land fairly. If co-owners reach an agreement, they can present a consent judgment to the court.
6. Partition in kind or licitation: If the court finds physical division practical without prejudice to any owner, it may order partition in kind—dividing the land into parcels and awarding parcels according to ownership shares. If the land cannot be fairly divided (for example, a single-family home or irregular parcel), the court will order partition by licitation—a public sale where proceeds are divided after paying liens and costs.
7. Sale process and distribution: For licitation, the court will set the sale method (public auction or court-ordered private sale), approve appraisals, and direct how sale proceeds are distributed after satisfying mortgages, liens, taxes, and court costs. Each co-owner receives an amount proportional to their interest.

Key legal points specific to Louisiana

• Louisiana distinguishes ownership interests and protects creditors’ interests; liens and mortgages on the property typically must be paid from sale proceeds before owners divide the remainder. Courts follow statutory procedures and local rules; consult the Louisiana legislative resources for the precise procedural rules: legis.la.gov – partition.
• Court officers (commissioners, appraisers, or a curator) may be appointed to evaluate the property and recommend division.
• Co-owners who occupy the property can be required to account for rents, profits, or expenses; courts can order an accounting as part of the partition action.
• When a co-owner has a superior claim (for example, a valid mortgage or prior lien), that claim normally takes priority and is satisfied from sale proceeds before distribution to owners.

Hypothetical example

Two siblings each own a 50% undivided interest in a New Orleans house. One sibling wants to sell; the other wants to keep the house. The selling sibling files a partition petition in the parish where the house sits, names the other sibling and the mortgage company as defendants, asks for an appraisal, and requests partition in kind but asks for licitation if in-kind division is impossible. The court orders appraisals, finds in-kind division impractical, and orders a licitation sale. After sale and payment of the mortgage and costs, the court distributes the net proceeds 50/50 to the siblings.

Helpful Hints

• Collect all title documents, mortgage statements, property tax records, and any written agreements before filing.
• Try a written demand and mediation first — many disputes settle without court costs.
• Include every person or entity with a recorded interest (mortgagees, lienholders, lessees); missing parties can delay or invalidate relief.
• Obtain a current survey and independent appraisal to support a request for partition in kind or to set a fair reserve for sale.
• Be prepared to pay court costs, appraisal fees, and possibly to contribute to maintenance or taxes during the case; courts may allocate those expenses among owners.
• Consider buyout options: a co-owner may prefer to buy out others rather than sell.
• Consult a Louisiana attorney early — local rules, procedural timing, and strategic options can be complex and vary by parish.

Disclaimer: This information explains general practice under Louisiana law for educational purposes only. It is not legal advice. Consult a licensed Louisiana attorney to discuss your specific situation.