Detailed Answer
What a partition action is and when you use it
A partition action is a court process that divides or sells property owned by two or more people when the co-owners cannot agree on what to do. In Louisiana, a co-owner (called a “petitioner” in the lawsuit) can ask the district court to either divide the immovable property in kind (physically divide it) or to order a public sale (called a sale by licitation) and divide the sale proceeds among the owners.
Key Louisiana law references
- Procedures for partition actions are governed by the Louisiana Code of Civil Procedure. See La. Code Civ. Proc. arts. 4631 et seq. — search the statute text here: La. Code Civ. Proc. arts. 4631 et seq..
- Co-ownership and related property rules appear in the Louisiana Civil Code (search for co-ownership articles): Louisiana Civil Code — co-ownership.
Step-by-step: How to file a partition action in Louisiana
-
Confirm who owns what.
Check the deed(s) at the parish conveyance office to confirm the legal owners and the ownership shares. The partition court divides according to the legal title (what the deed shows), not who paid what. If the deed lists you and your sister as co-owners with undivided interests, those interests are the starting point.
-
Try a written demand first.
Send a clear written demand asking your sister to either agree to sell or to accept a buyout. Keep proof you sent it (certified mail, email with read receipt). Courts expect co-owners try to settle before asking for judicial partition, and attempting settlement can help your case and may be required by local rules or court procedure.
-
Prepare and file the petition.
File a Petition for Partition in the district court in the parish where the immovable property is located. The petition must:
- Name all known co-owners and claimants;
- Describe the property (legal description from the deed);
- State the type of partition you want (division in kind if practicable, or licitation/public sale if division is impractical); and
- Pray for appointment of a partition commissioner or an order for licitation and an accounting and division of proceeds.
La. Code Civ. Proc. arts. 4631 et seq. govern pleadings and steps for partition — see the statute search: La. Code Civ. Proc. arts. 4631 et seq..
-
Service and joinder of all parties.
All co-owners and anyone with a recorded interest (mortgage holders, judgment creditors recorded against the property) must be joined or served. If someone is not joined, the court may not be able to order a complete partition.
-
Court procedures — commissioners, appraisal, and possible sale.
If the court finds partition in kind is feasible, it may order the property divided. If the property cannot be fairly divided (typical with a single-family house on one lot), the court will order licitation — a public sale — and divide the proceeds after paying liens and costs. The court often appoints a partition commissioner to manage appraisal, propose division lines or arrange sale, and to report back to the court. Expect hearings, an appraisal, and orders appointing the commissioner and setting sale terms.
-
Distribution of sale proceeds and accounting.
After sale, the court determines payment of mortgages, property taxes, partition costs (including commissioner’s fees and advertising), and then divides remaining proceeds according to each owner’s legal share. The court may also award credits (for improvements or payments made) if there is a dispute — bring all proof of payments and improvements.
Practical issues to expect in a dispute with a sibling
- Title vs. contribution: the legal ownership recorded on the deed controls; how much each co-owner paid may affect equitable credits but does not change title without an agreement.
- Homestead protections and occupancy: if the property is a legal homestead of one co-owner who occupies it, exemptions may complicate forced sale. Check for homestead rights and exemptions with an attorney.
- Costs and delays: partition suits take time, can be costly, and court fees and commissioner fees come out of sale proceeds.
- Buyout opportunities: often the fastest, cheapest solution is for one owner to buy the other’s interest — a settlement offer or mediation can facilitate this.
Estimated timeline and costs
There is no fixed timeline — many partition cases take several months to a year depending on complexity, disputed issues, and court schedules. Costs include court filing fees, service costs, appraisal fees, partition commissioner fees, advertising for sale, and attorney fees if you hire counsel. Those costs are typically allocated from sale proceeds.
When to get a lawyer
You should strongly consider hiring a Louisiana attorney if any of the following are present: disputed title, lien or mortgage issues, homestead claims, contested improvements or credit claims, or if the other owner actively resists. An attorney can prepare the petition correctly, make sure all parties are joined, and work to minimize costs and delay.
Next concrete steps (checklist)
- Obtain a certified copy of the deed and any mortgage records from the parish conveyance office.
- Gather proof of payments, taxes, insurance, repairs, and any agreements between you and your sister.
- Send a written demand proposing sale or buyout and keep proof of delivery.
- If no agreement, file a Petition for Partition in the district court where the property is located and serve all co-owners and lienholders.
- Consider mediation to reach a voluntary settlement before the court orders sale.
Helpful statute resource: For the partition procedure see La. Code Civ. Proc. arts. 4631 et seq.: https://legis.la.gov/Legis/LawSearch.aspx?q=4631
Helpful Hints
- Keep everything documented: copies of deeds, tax receipts, insurance, repair bills, and any communications with your sister.
- Explore a buyout first — it often saves time and costs compared to a forced sale.
- Ask the court for a professional appraisal early. A neutral appraisal supports a fair buyout or sale price.
- Be mindful of mortgages and tax liens — these are paid from sale proceeds and affect how much you will receive.
- Check whether the property has homestead status. Homestead protections can limit forced sales and affect strategy.
- If you live in the property and your sister does not, consider whether a temporary occupancy or rent order is necessary while the case proceeds.
- Mediation or a settlement conference often resolves co-owner disputes more cheaply than litigation; ask the court or your attorney about mediation options.
- Filing in the correct parish court is important — file in the parish where the immovable property is located.
- Courts divide property according to legal title. If you believe the deed incorrectly reflects ownership, you may need a separate quiet title or declaratory judgment action.
Important: This article explains general Louisiana procedures for partition actions and common practical issues. It is not legal advice. Laws change and every case has unique facts that affect outcomes. To protect your rights and understand specific deadlines, exceptions (such as homestead protection), and local practice, consult a licensed Louisiana attorney promptly.