Overview — what generally happens when heirs co-own a house

When a decedent’s property passes to two or more heirs, those heirs become co-owners of the immovable (real) property. Co-owners have the right to use and possess the property, but any co-owner can ask a court to divide the property physically (partition in kind) or, if a fair division is not practical, order its sale and divide the proceeds (partition by licitation).

In Louisiana, partition procedures are handled in the civil courts where the property is located. The process balances the co-owners’ right to end joint ownership with procedures that protect everyone’s financial interests.

Step-by-step: How to pursue a court-ordered partition sale in Louisiana

1. Confirm ownership and title status.

   Make sure the succession was properly handled and title to the house is held in the names of the heirs (either as heirs or by some estate instrument). If the succession is not closed, you may need to open or complete the succession proceeding before asking the court to partition the immovable.

2. Try to reach an agreement first.

   Courts prefer parties to settle. Offer mediation, a buyout, or an agreed sale. A written buyout offer or a mediated agreement can be faster and cheaper than litigation.

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

   If negotiation fails, file a partition action in the district court in the parish where the property sits. The petition should identify the property, the co-owners, their respective interests, and the relief sought (partition in kind or sale/licitation).

   For general guidance on partition procedure, consult the Louisiana Code of Civil Procedure provisions related to partition on the Louisiana Legislature website: https://legis.la.gov. You can search that site for “partition” or “partition by licitation” to find the specific Articles and practice rules that apply.

4. Court consideration: partition in kind vs. sale (licitation).

   The court will determine whether the property can be fairly divided in kind. If division in kind is feasible and equitable, the court may divide the parcel into shares. If not practicable (for example, a single-family house on one lot that cannot be split), the court may order partition by licitation — a public sale where proceeds are divided among co-owners.

5. Valuation, appraisers, and commissioners.

   The court may appoint appraisers or a commissioner to value the property and oversee the sale. Costs for appraisal, attorney fees, and sale-related expenses are usually charged against the proceeds before distribution.

6. Rights and offsets (credits and improvements).

   Co-owners may be entitled to credit for payments they made (mortgage payments, taxes, insurance, improvements, or necessary repairs). The court adjusts each co-owner’s share for such credits or debits. Keep careful records of any expenditures you paid on the property.

7. Sale process and distribution of proceeds.

   In a licitation, the property is sold — often at public auction — under court supervision or through procedures the court orders. After costs and credits are resolved, the net proceeds are divided according to each co-owner’s ownership interest.

8. Options to avoid sale: buyout and settlement.

   A co-owner may offer to purchase the other co-owner’s share by paying the fair share value. A negotiated buyout or partition agreement can stop the sale and avoid litigation costs.

9. Enforcement and appeals.

   The court’s partition judgment is enforceable; if you disagree with rulings, there may be a right to appeal under the appellate rules. Appeals have strict deadlines and technical requirements.

Practical considerations and common complications

• If a surviving spouse has a legal usufruct or homestead rights, the court must account for those interests before ordering sale—check succession and family property issues.
• If one co-owner lives in the house, the court can order a temporary occupancy arrangement or require payment of use and occupation by the occupant to other co-owners.
• Mortgages and liens stay with the property. Mortgage holders typically must be paid from sale proceeds.
• If co-owners disagree over whether the property is community or separate property, title and succession issues can complicate partition—often requiring preliminary determinations in the litigation.

Where to find the relevant Louisiana law

Louisiana’s procedural rules and civil code articles govern partition actions and co-ownership. For the exact statutory language and procedural rules, consult the Louisiana Legislature website (searchable by keyword):

• Louisiana Legislature (legis.la.gov) — search for terms like “partition,” “licitation,” “co-ownership,” or “succession.”

Because statutes and article numbers can change and their application depends on fact-specific details, review the exact text or ask a lawyer to point to the precise Civil Code and Code of Civil Procedure articles that apply to your case.

Helpful hints

• Collect and organize documents: death certificate, deed, succession documents, mortgage statements, tax bills, insurance records, and receipts for repairs or improvements.
• Try mediation or a written buyout offer before filing suit. Courts often encourage settlement and it can save money and time.
• Keep expense records related to the house; credits for payments and improvements affect net proceeds.
• Be aware of deadlines for filing and appeals—procedural mistakes can be costly.
• Ask the court clerk which district court has jurisdiction if you’re unsure; partition suits are filed where the property is located.
• Speak with a Louisiana attorney experienced in successions and partition actions to review options, draft pleadings, and represent you in court. If cost is a concern, ask about limited-scope representation or legal aid resources.