Detailed Answer
What this remedy does: When two or more people own the same immovable property together and they cannot agree on what to do with it, Louisiana law allows one or more co-owners to ask a court to end the shared ownership and divide the property or sell it and split the proceeds. This judicial process is commonly called a partition action (partition by licitation when the property is sold). This explanation describes the typical process, the choices a court will consider, and practical steps you should expect.
Key steps in a Louisiana partition action
- Try to resolve the matter outside court first. Courts expect co-owners to try negotiation, mediation, or a buyout. An agreement where one owner buys the others’ shares, or the owners agree to a physical division, avoids litigation costs.
- Prepare before filing. Collect title documents, deeds, mortgage and lien information, tax records, and any prior agreements between the owners. Determine each party’s claimed ownership share (for example, equal shares unless otherwise recorded).
- File a petition in the district court where the property is located. The petition should name all co-owners and any parties with recorded interests (lienholders, mortgagees, usufruct holders) and ask the court to partition the property. The petition generally must describe the property and each party’s interest.
- Service and joinder of necessary parties. All co-owners and anyone with an interest in the property must be joined so the court can divide the property and determine liens and priorities.
- Court considers partition in kind first. If the property can be physically divided without unfairly damaging value (a partition in kind), the court prefers that division. The court may appoint an appraiser or partitioner to propose a division and may order exchanges (one party receives one portion and pays money to equalize values).
- If in-kind partition is impractical, the court orders partition by sale (licitation). The court will order a public sale of the property. Sale proceeds are used to pay mortgages, liens, taxes, sale costs, and then are divided among co-owners according to their shares.
- Handling liens and priorities. Recorded mortgages and other encumbrances generally remain attached to the property until paid from sale proceeds. The court determines how creditors are paid and the priority of claims.
- Distribution and final judgment. After sale and payment of debts and costs, the court enters a judgment distributing net proceeds to the co-owners or confirming the new ownership after physical division. The judgment finalizes the partition.
Common procedural and practical points
- Either co-owner may start the process — one owner’s inability to agree is generally sufficient to justify a partition action.
- The court may appoint a neutral partitioner, appraiser, or commissioner to inspect the property and propose a fair division or price.
- Partition by sale (licitation) is often used for properties that cannot be fairly split (single-family homes, small lots, commercial buildings).
- The court can preserve the property pending the outcome (for example, by issuing temporary orders about occupancy, maintenance, insurance, or payment of taxes and mortgage obligations).
- Costs of the partition action (court costs, appraisers, partitioner fees) are typically charged against the property or split among owners as the court orders.
When partition may be limited or delayed
Certain interests can restrict or complicate partition. Examples include:
- Recorded life usufructs or long-term leases that limit a co-owner’s right to force a sale during the usufruct term.
- Pending bankruptcy by an owner or a creditor’s enforcement action that affects the property.
- Family ownership arrangements governed by succession rules or community property considerations—these facts can affect shares and how a court divides property.
Where to look for Louisiana law and official resources
For statutes and procedural rules, consult the Louisiana Legislature website (you can search the Civil Code and the Code of Civil Procedure there) at https://legis.la.gov/. For practical guides and local procedures, your parish district court’s clerk can explain filing rules and fees.
Typical timeline and costs
Timelines vary. A simple negotiated resolution can take weeks. A contested partition that requires appraisals, court hearings, and a public sale often takes months to a year or more. Expect costs for filing fees, attorney fees, appraisers, partitioner or commissioner fees, advertising and sale costs. These costs are often paid from the property or allocated by the court among the owners.
Practical examples (hypothetical)
Example A — Two siblings own a lake cabin equally. One wants to sell and the other wants to keep it. They try to negotiate; failing that, one sibling files a partition petition asking for sale. The court orders appraisal, finds the property cannot be fairly divided, and orders a public sale. After sale and payment of a mortgage and costs, the siblings split the net proceeds.
Example B — Three siblings own farmland. The court appoints a partitioner who divides the land into three portions of roughly equal value. One sibling receives an area of land and pays the other siblings to equalize differences in value, avoiding a sale.
Next practical steps
- Collect title and mortgage records and any written agreements between the owners.
- Request an informal meeting or mediation among co-owners to explore a buyout or physical division.
- If litigation looks likely, consult a Louisiana attorney who handles property and partition actions to evaluate your claims and prepare the petition. An attorney can identify necessary parties, advise about likely costs, and recommend whether to seek temporary court orders.
Important disclaimer
This content is educational and informational only and does not constitute legal advice. It is not a substitute for speaking with a licensed Louisiana attorney who can advise you based on the full facts of your situation.