Disclaimer: This article provides general information about Louisiana partition law and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
In Louisiana, co-owners of immovable property may seek judicial partition to divide or sell the property. The court typically appoints a commissioner to handle valuation and physically divide the property. Below are the key steps to initiate or consent to such an action:
1. Prepare and File a Petition
The party requesting partition (the petitioner) files a petition in the district court of the parish where the property is located. The petition must:
- Identify all co-owners by name and last known address;
- Describe the property with sufficient legal detail (e.g., lot and square number, metes and bounds);
- Pray for partition by physical division or, if division is impracticable, for sale and division of proceeds;
- Cite the authority for partition under La. C.C.P. art. 468.
2. Serve Notices
After filing, the court issues a citation. The petitioner must serve all co-owners with the petition and citation per the Louisiana Code of Civil Procedure. Unserved parties may later dispute the partition.
3. Court Appointment of a Commissioner
If the court finds the petition proper, it issues an order appointing one or more disinterested commissioners to appraise and physically divide the property. The appointment follows La. C.C.P. art. 469. The court’s order will:
- Name the commissioner(s);
- Set an appraisal deadline;
- Outline the method of division or sale.
4. Consent by Co-Owners
Co-owners who agree to the appointment and process may file a written consent or a joint petition. Consent speeds the matter by avoiding contested service or jurisdictional issues. The joint petition should:
- Include all co-owners’ signatures;
- Specify that they agree to partition under the court’s appointment;
- State which method of partition they prefer.
5. Commissioner’s Inspection and Report
The commissioner takes an oath, inspects the property, and hires appraisers if needed. They prepare a detailed report with:
- An accurate boundary survey or map;
- Appraisals of each tract;
- A proposed division plan or sale recommendation.
The commissioner files the report with the court and delivers copies to the parties.
6. Filing Exceptions and Judgment
Parties have a limited period to file written exceptions to the commissioner’s report. If no exceptions are timely filed, the court issues a final judgment confirming the partition or ordering sale and disbursement of proceeds among co-owners.
Helpful Hints
- Verify property ownership: Obtain a certified title report before filing.
- Describe the property precisely to prevent boundary disputes.
- Serve all co-owners correctly to avoid delays or dismissal.
- Consider hiring a surveyor to assist the court-appointed commissioner.
- Act promptly: Louisiana procedural rules set strict deadlines for exceptions.
- Consult a real estate attorney to review your petition and consent forms.