Detailed Answer — Key Information and Documents Your Lawyer Will Need

When you meet a lawyer to begin a partition action in Louisiana (to divide or sell property that two or more people own together), clear, organized documentation speeds the intake process and helps the lawyer evaluate your case more accurately. Below is a thorough checklist of the information and documents commonly required and why each item matters.

1. Proof of ownership and chain of title

• Deed(s) to the property (acte de vente / acte notarié / conveyance documents). If the property passed by succession, provide the succession judgment or act.
• Title insurance policy or title search report, if available.
• Any recorded mortgages, liens, or judgments affecting the property (mortgage notes, mortgage discharge documents).

Why: The lawyer must confirm who holds legal title, each owner’s share, and whether any liens or encumbrances affect the property’s value or the ability to partition.

2. Identification of all co-owners and interested parties

• Full legal names (including former names), current addresses, phone numbers, and email addresses for each co-owner.
• If an owner is deceased, provide the death certificate and any testament (will) or succession records showing heirs.
• If any co-owner is a corporation, LLC, trust, or public entity, provide formation documents, trust instrument, articles of incorporation, or proof of corporate status and the authorized representative’s contact information.

Why: The court must join all persons with an interest in the property. Correct names and addresses are critical for service of process.

3. Documents showing each party’s financial contributions and use

• Closing statements or HUD-1 from purchase.
• Receipts, cancelled checks, or bank statements showing mortgage payments, property taxes, insurance payments, major repairs, and improvements.
• Agreements among co-owners (written or documented oral agreements) regarding payments, occupancy, leasing, or management.

Why: These documents help establish claims for reimbursement or credits when the court allocates proceeds or divides property. They also show who has been paying ongoing expenses.

4. Leases, tenant information, and income records

• Copies of current and past leases, tenant names, deposit records, rent rolls, and proof of rental income and expenses.

Why: If the property is income-producing, the court must consider tenants’ rights and any rental income when ordering partition or sale.

5. Surveys, plats, maps, and boundary documents

• Recent surveys, property plats, or boundary maps. If there are disputed boundaries, bring any surveyor reports, fence agreements, or correspondence about boundaries.

Why: A partition-in-kind (dividing the land physically) requires accurate surveys and may require a new survey ordered by the court.

6. Evidence of improvements, repairs, or damage

• Contracts, invoices, permits, photos, and receipts for renovations or repairs. Insurance claims and payouts for property damage.

Why: The court may consider contributions toward improvements in awarding credits or proportions in the partition.

7. Prior agreements, correspondence, or settlement attempts

• Emails, text messages, letters, mediation records, or settlement offers between co-owners about sale, buyout, or division.
• Any prior court orders or judgments affecting the property (e.g., forcible entry/dispossession, injunctions, injunctions stopping sale or transfer).

Why: The attorney needs to know what has already been tried and whether any agreements can resolve the dispute without litigation.

8. Government and association records

• Property tax bills and payment history, homestead exemption documents, municipal notices, zoning or permitting records, and homeowners association rules and assessments (CC&Rs).

Why: Tax status, liens for unpaid assessments, and local rules affect property value and marketability.

9. Identity and contact information for professionals and witnesses

• Contact details for the closing attorney/title company, surveyor, contractor, property manager, tenant, or any witness with knowledge about ownership or contributions.

Why: Your lawyer may need to contact these people to obtain records or declarations, or to prepare for trial.

10. A concise written summary of the facts

Prepare a one- to two-page timeline that explains: how and when co-ownership began, who lives or uses the property, who pays what, any attempts at sale or buyout, and the outcome you want (partition in kind, sale, buyout, or alternate remedy).

Why: A clear summary helps your lawyer quickly assess legal options and draft the initial petition.

How your lawyer will use this information

• Confirm parties and ownership shares and determine whether the court can order partition.
• Decide whether to seek a partition in kind (physical division) or partition by sale (often called licitation in Louisiana practice), or to try negotiation/mediation first.
• Prepare the petition, identify necessary preliminary relief (injunctions, asset preservation), and estimate costs for appraisers, surveyors, and publication/sale expenses.
• Calculate potential credits/reimbursements for contributions and map out evidentiary needs for trial if the case cannot settle.

Typical practical items to expect

• Title search and survey may be ordered early. Appraisals may be needed if sale is likely.
• Court may appoint commissioners or order the property sold if physical division is impractical.
• Cases can take many months; costs include court filing fees, service fees, appraiser and surveyor fees, and possibly auction/licitation costs.

Helpful Hints — Practical Checklist Before Your First Attorney Meeting

1. Gather originals or certified copies of deeds, title documents, and the most recent property tax bill.
2. Make a folder (paper or digital) with: closing statements, mortgage payoff(s), receipts for major payments, and any leases. Label and date each item.
3. Create a short timeline (one page) summarizing ownership history, who pays what, and the relief you seek.
4. List contact info for each co-owner and any tenants. Note whether any co-owner is hard to locate or uncooperative.
5. Bring photos, surveys, and any prior appraisal; if you don’t have a survey, note this so the lawyer can order one promptly.
6. Be honest and complete about debts, liens, or other claims against the property—surprises delay cases and increase costs.
7. Ask your lawyer about alternative dispute resolution (mediation) early — many partition cases settle if parties try to negotiate before expensive discovery and trial.
8. Expect to sign an engagement letter and provide proof of identity; consider asking about estimated fees and likely out-of-pocket costs for expert reports and filing fees.