Can I force the sale of a house I own with other co-owners in Louisiana?

Short answer: Yes. If co-owners cannot agree, any co-owner may ask a Louisiana district court to partition the immovable property. If partition in kind is impractical, the court can order a public sale (licitation) and divide the net proceeds among the co-owners after paying liens and costs.

Detailed answer — how forced sale (partition) works under Louisiana law

This explains the typical path and legal principles in plain language. This is educational information, not legal advice. For how the law applies to your exact situation, consult a Louisiana attorney.

Legal basis

Louisiana law allows co-owners of immovable property to seek a partition in the district court. The court can divide the property physically (partition in kind) when a fair division is possible. When a physical division is not practicable or fair, the court may order a public sale (often called licitation) and then distribute the sale proceeds among the co-owners, after paying mortgages, liens, costs, and any court-ordered allowances. For official references and statute searches, see the Louisiana Legislature site: search results for “partition” on legis.la.gov.

Common scenarios

When three or more people co-own a house and they cannot agree about use, sale, or who will live there, one co-owner can:

Try to negotiate a buyout (one co-owner pays the others a fair value for their shares); or
Ask the court for partition. If the court finds the property can’t be divided fairly into separate lots or units, it will order a sale and divide the net proceeds among the co-owners.

How the court partition process typically proceeds

Prepare and file a petition: A co-owner files a petition for partition in the appropriate Louisiana district court (usually the parish where the property is located). The petition identifies the property, the co-owners, and the requested relief (partition in kind or sale/licitation).
Service and joinder: All co-owners and interested parties (such as mortgage holders, lien claimants, or lessees) must be served so the court can resolve ownership and lien issues.
Valuation and appraisal: The court may order appraisals to determine current market value. Co-owners commonly arrange a stipulated appraisal to speed the process.
Partition in kind vs. sale: If the court deems a fair physical division possible, it may order partition in kind (dividing the parcel). If division would be inequitable or impossible (a single-family house on one lot, for example), the court typically orders a public sale.
Commissioners or a curator: The court often appoints commissioners or an agent to carry out the partition steps: preparing a partition plan, advertising and conducting sale, or distributing property.
Sale (licitation): For forced sales, Louisiana law provides a public auction process. The highest bidder at auction wins, and the sale proceeds go into court or to a designated party for distribution.
Paying debts and distributing proceeds: Before distribution, the court directs payment of valid mortgages, tax liens, and other legal claims. Remaining proceeds get divided among co-owners according to ownership shares (unless the court orders otherwise because of reimbursement claims for improvements or expenses paid).
Rights and offsets: A co-owner who has paid more than their share for mortgage, taxes, or necessary repairs may seek reimbursement or credit against proceeds. The court resolves these claims.

Practical considerations specific to Louisiana

Mortgage and tax liens remain attached to the property; a licitation sale typically clears most junior interests through the sale proceeds.
If one co-owner has occupied the home and paid more than their share for maintenance or improvements, they can assert equitable claims; the court will consider those during distribution.
Partition actions are handled in district court in the parish where the immovable is located. You’ll need to name all owners and known lienholders.
Because Louisiana uses the terms “immovable” (land and buildings) and “licitation” (sale procedure), the process and terminology may differ from other states. Searching the Louisiana legislative site for “partition” and “licitation” will show relevant statutes and procedural rules: search results for “licitation” on legis.la.gov.

How long and how much?

Timelines vary. A straightforward negotiation or buyout can take weeks. A contested partition lawsuit with appraisals, motions, and a sale may take several months to over a year. Costs include filing fees, attorney fees, appraisal fees, advertising and auction costs, and any taxes or liens paid from proceeds.

When a buyout may be better

Often the fastest and least expensive solution is negotiation: one owner pays fair market value for the other shares. An appraiser helps set a market price. Mediation or a settlement conference can help co-owners reach agreement without court filing.

Special issues to watch for

If a co-owner is deceased, their heirs or successors must be included in the action.
If the property is the family home and any owner claims homestead protections or special rights, those claims may affect the process.
Creditor claims against an individual co-owner may lead to separate enforcement actions that can complicate partition.
Improvements or occupancy by one co-owner can give rise to reimbursement claims; document expenses and payments carefully.

Helpful hints — practical checklist to prepare before filing or negotiating

Gather deeds, title documents, mortgage papers, tax notices, homeowners insurance, and any written agreements between co-owners.
Get a current market appraisal or at least a broker price opinion to establish value before negotiation.
Ask a local real estate agent for likely sale timing and costs in your area to estimate net proceeds.
Talk to each co-owner about buyout options. A documented offer and basic appraisal can jump-start a settlement.
Consider mediation early; a neutral mediator can reduce time and litigation expenses.
If you decide to litigate, consult a Louisiana district court civil litigator who handles partition cases—bring your documents and a list of all owners and lienholders.
Keep careful records of payments you make for mortgage, taxes, insurance, or repairs—these may generate reimbursement claims in court.
Understand that proceeds must first satisfy recorded mortgages and liens; get a current payoff statement before proposing distributions.

Where to learn more / next steps

If you want to pursue partition, start by:

Collecting your title and lien documentation.
Requesting a current payoff for any mortgage or tax liens.
Contacting a Louisiana lawyer experienced in real property and partition actions to review your facts and explain likely outcomes and costs.

Find statutory references and procedural rules by searching the Louisiana Legislature site for terms like “partition” and “licitation”: https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition.

Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Louisiana attorney.