Detailed answer — step by step (hypothetical facts)

Hypothetical facts to frame the steps: three co-owners own an immovable in Louisiana (Owner A: 50%, Owner B: 30%, Owner C: 20%). Owner A wants to buy B and C out before the court orders a public sale in an ongoing partition action.

1. Understand the legal background

In Louisiana, a partition action asks the court to divide co-owned property or order a sale when division in kind is impracticable. Co-owners may resolve the case among themselves at any time. Before spending money or signing anything, learn what claims, liens, or mortgage interests affect the property and whether the court has already set a sale date. For statutory guidance on partition actions, see the Louisiana legislative site: https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition%20of%20property

2. Retain a Louisiana attorney right away

A lawyer experienced in Louisiana partition and real estate law will:

• Explain how community-property, inheritance, or contractual claims might affect ownership shares;
• Review the pending court pleadings, deadlines, and any court orders (for example, orders authorizing an appraisal or a sale);
• Draft legally effective offers and, if needed, motions to the court asking to approve a buyout or dismiss the partition; and
• Handle title work, escrow, and closing under Louisiana law.

3. Confirm each owner’s ownership share and liens

Establish the exact ownership percentages. Pull the deed history and public records to identify mortgages, tax liens, or other encumbrances that will affect price and closing. The buyer of the co-owners’ interests typically takes the property subject to existing encumbrances unless the buyers and sellers agree otherwise.

4. Get a professional appraisal and a clear buyout price

Obtain a current appraisal to support the buyout price. You can propose to buy each co-owner’s percentage of equity at their pro rata share of the appraised fair market value, less encumbrances and costs. Be explicit whether you are buying the whole property (and will clear liens) or buying each co-owner’s share subject to recorded liens.

5. Prepare a formal written offer and a purchase agreement

The offer should be a short, clear written document that states:

• Who is offering to buy and who are the sellers;
• Exact dollar amounts for each co-owner’s interest or a formula tied to the appraisal;
• Deposit or earnest money and where it will be held in escrow;
• Contingencies (court approval, financing, title clearance, inspection, payoff of liens, etc.);
• Proposed closing date and responsibility for closing costs and transfer taxes;
• A deadline for acceptance and a statement that the pending partition action will be dismissed or modified upon closing (subject to court approval).

6. Serve the offer on all co-owners and file it with the court

Give every co-owner a copy of the written offer. If a partition action is already pending, file a notice or motion with the court informing the judge of the intended buyout and attaching the offer. If the other co-owners accept the offer, you and the sellers and your attorneys can prepare a stipulation to dismiss or to amend the partition action and obtain the court’s signature. If some co-owners refuse, you can still ask the court to let you purchase their interests and to approve terms or to confirm title transfer after settlement.

7. If co-owners accept — record agreements and handle closing

If all parties accept, you will sign a purchase agreement or acts of sale. Have your attorney order a title search and arrange escrow. The closing should address lien payoffs, release of claims, and recording of the new act of sale or adjudication. Getting the court’s written approval or an order dismissing the partition protects you against later claims from parties who were in the partition case.

8. If some co-owners refuse — ask the court to approve your buyout

If some co-owners refuse to sell or cannot be located, you can: (a) make an offer and ask the court to accept it on their behalf if the court finds the terms fair; or (b) buy their interests directly at a court-ordered sale. Practically, you will file a motion explaining the offer, attaching appraisal and funding evidence, and asking the court to approve the buyout and the method for distributing sale proceeds or for transferring title. The judge will consider whether the proposed buyout is fair and whether any creditors or third parties must be paid first. For court procedure on partition actions, see: https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition%20of%20property

9. Watch timing, proof of funds, and financing

Courts want assurance that any buyout will close. Provide proof of funds or a lender preapproval. Include deadlines and consequences for missed deadlines in your purchase agreement. If the court has already set a sale date, ask the court to stay or vacate that sale pending closing on your buyout.

10. Consider tax, community-property, and creditor consequences

Buying out co-owners can have income-tax consequences for sellers and may affect future property tax assessments. If the property touches community-property issues (e.g., one owner is a spouse), discuss the implications with counsel. Also identify and address mortgage or judgment creditors so the buyout clears title or provides a plan to satisfy liens.

11. Court confirmation, recording, and dismissal

When the buyout closes, ask the court to enter an order confirming the transfer (if the partition was pending) and to dismiss or finalize the partition. Record the act of sale and any releases in the parish conveyance records. That final court step prevents later attempts to re-litigate the ownership in the pending partition.

Key Louisiana statutory resources

• General information and statutory text for partition and related procedures: https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition%20of%20property
• Search for co-ownership and Civil Code provisions affecting divided ownership: https://www.legis.la.gov/Legis/LawSearch.aspx?search=co-ownership

Note: the Louisiana legislature and courts regulate how partition proceedings run and what forms and notices the court requires. Your lawyer will cite the exact articles and file the precise motions or stipulations needed in your parish court.

Helpful Hints

• Act quickly — courts often set sale dates early in a partition case.
• Get a written appraisal to support your offer and avoid disputes over value.
• Provide proof of funds or lender preapproval with your offer to make it credible.
• Use escrow for deposits so the funds are secure while the court considers any motions.
• Include contingencies for title clearance and court approval in the purchase agreement.
• Tell your lawyer about any mortgages, tax liens, or pending creditor claims—these can change who gets paid and who may object.
• If one co-owner is missing or cannot be found, the court has procedures to handle service and disposition—your attorney will explain how to proceed.
• Don’t assume oral agreements will stop a sale—get everything in writing and get court approval where the partition is pending.
• Request a court order dismissing the partition once the buyout closes; filing an act of sale alone may not end the litigation.

Where to find statutes and forms: use the Louisiana Legislature’s site (https://www.legis.la.gov/) to search for partition, co-ownership, and civil procedure articles that apply in your parish.