How to file a partition action in Louisiana when a co‑owner won’t cooperate

Short answer: If a co‑owner of inherited immovable property in Louisiana refuses to cooperate, you generally must file a partition action in the district court where the property is located. The court can order a division in kind if the property can reasonably be divided, or order a sale by licitation (public sale) and divide the proceeds among co‑owners after paying liens and costs.

Disclaimer: I am not a lawyer. This is general information about Louisiana law and not legal advice. For advice tailored to your situation, consult a licensed Louisiana attorney.

Detailed answer — step by step

1. Confirm ownership and identify all parties

Obtain the succession documents (act of possession, testament, succession judgment) and the current recorded deed showing who holds title. If the property passed by succession, verify each heir/co‑owner’s legal share.
Identify all persons with an ownership interest (heirs, surviving spouse, devisees) and any creditors or mortgage holders who have liens on the property.

2. Try a pre‑suit demand

Send a written demand to the co‑owner(s) requesting voluntary partition or sale. Include proposed options (division in kind or sale and division of proceeds). Keep copies and proof of delivery.
Mediation or negotiation may avoid court costs and a forced sale.

3. Prepare and file a petition for partition in the appropriate district court

File in the civil district court in the parish where the immovable (real) property is located.
The petition typically asks the court to: (a) declare the co‑ownership shares, (b) order a partition in kind if feasible, and (c) if partition in kind is impracticable or inequitable, order partition by licitation (public sale) and division of proceeds.
Describe the property precisely (record title, legal description), list all co‑owners and their addresses (if known), and list any known mortgages, judgments, or other encumbrances.

4. Serve notice and join necessary parties

All co‑owners and any lienholders must be served so the court can resolve ownership and distribute proceeds properly.
If some parties cannot be found, the court permits substitute service or publication under procedural rules.

5. Interim relief and protective orders

You can ask the court for temporary orders to preserve the property (for example, to prevent waste, to require insurance, or to collect rents and allocate them pending final partition).

6. Court procedures: appraisal, commissioners, and partition methods

If the court orders partition in kind, it will generally appoint commissioners or experts to propose a fair division of the land consistent with each owner’s share.
If the property cannot be conveniently divided or division would unfairly reduce value, the court can order partition by licitation — a public sale. The court will direct how sale proceeds are to be applied to liens, costs, and distributed among owners.
The court will resolve disputes over improvements, offsets for contributions, and credit for payments made by any co‑owner (for example, mortgage payments, taxes, or repairs).

7. Final judgment and distribution

The district court issues a judgment either dividing the property or ordering sale. After sale, the clerk of court (or commissioner) distributes proceeds according to the judgment, paying liens, costs, and fees first.
If the judgment orders a sale, any party usually has a right to bid at licitation and buy the property; procedures and redemption periods depend on the court’s order.

How a refusal to cooperate affects the case

A co‑owner’s refusal to sign documents or agree to division does not prevent a partition action. The court has the power to force partition or sale despite objections.
Delay tactics may increase costs and attorney’s fees and can justify requests for interim orders to protect property value.

Key Louisiana legal sources and where to look

Procedural rules about partition actions and civil process appear in the Louisiana Code of Civil Procedure. Provisions on co‑ownership and property division are in the Louisiana Civil Code. You can search the statutes and code texts here:

When you consult an attorney, ask them to cite the specific Civil Code and Code of Civil Procedure articles that apply to your parcel and situation.

Practical timeline and costs

Timeline varies: a simple, uncontested partition can take a few months; contested cases with appraisal, discovery, and sale can take a year or more.
Costs include filing fees, service costs, appraiser/commissioner fees, publication costs if needed, and attorney’s fees. These costs are typically paid from sale proceeds or allocated by the court.

Common complications and how they are handled

Mortgages and liens: the court orders sale proceeds applied to pay mortgages, tax liens, and judgment liens before distributing net proceeds to owners.
Homestead or family rights: certain rights (homestead, usufruct, or forced heirship issues) may affect the partition — discuss with counsel if these might apply.
Improvements/offsets: if one co‑owner paid for improvements or mortgages, they may be entitled to credit or reimbursement ordered by the court.

Helpful hints — checklist before filing

Gather title documents, succession judgment, wills, and last deeds.
Obtain a recent title search and property tax records to identify liens and encumbrances.
Get a professional property appraisal to understand fair market value and whether a division in kind is practical.
Send a clear written demand for partition and keep proof of delivery; attempt mediation if feasible.
Collect contact info for all co‑owners and potential lienholders before filing.
Be prepared to request interim protective orders (insurance, maintenance, rent collection) to preserve value during litigation.
Consult a Louisiana real property or succession attorney early — partition procedures and rights can be technical and fact‑specific.

When to hire an attorney

Hire a Louisiana attorney if any of these apply:

Co‑owners actively resist or there are conflicting claims of ownership.
There are mortgages, tax liens, or multiple creditors to be addressed.
The property is complex (commercial, multiple parcels, environmental issues) or highly valuable.
You need help with appraisal, commissioners, or resolving offsets for payments/improvements.

An attorney can prepare the petition, handle service, represent you at hearings, and ensure the court protects your interest and fairly divides proceeds.

Final reminder: This overview explains general steps under Louisiana law but cannot cover every nuance. Contact a licensed Louisiana attorney to review documents and provide legal advice tailored to your circumstances.