Detailed Answer
Short summary: In Louisiana, when multiple heirs inherit property and one heir lives in the property and refuses to move out or to sell, the other heirs have a few options: negotiate a buyout, seek a court-ordered partition (which can result in physical division or a forced sale called licitation), or pursue other court remedies to account for use and occupancy. The usual forced remedy is a partition action in district court that ends either with a physical division or sale and distribution of proceeds.
How ownership works after inheritance
When property passes by intestacy or by will and more than one person succeeds to the property, each heir typically owns an undivided share. That means each heir owns a percentage of the whole property rather than a specific room or piece of land. One heir living in the property does not, by mere possession, automatically gain sole ownership.
Practical options before going to court
- Negotiate a buyout: Offer to buy the occupying heir’s share for a negotiated price. A written buyout agreement and a notarial act can transfer that share.
- Rent/share agreement: Agree that the occupant pays fair rent or a use allowance to the other heirs and document it in writing.
- Mediation: Use a neutral mediator to resolve possession, sale, or buyout terms.
What a court can do: Partition actions
If negotiation fails, heirs can file a partition action in the district court where the property lies. Under Louisiana law, a partition action forces a final division of the thing in common. The court will examine whether the property can be divided physically or whether sale is necessary.
Two main outcomes from a partition action:
- Partition en nature (physical division): If the property can be divided without prejudice to the owners, the court may divide the property so each owner receives a separate portion corresponding to their share.
- Partition by licitation (forced sale): If a fair physical division is impractical or would reduce value, the court may order a public sale (licitation) of the property. The sale proceeds are then divided according to each heir’s share after paying costs, mortgages, and liens.
The partition procedure typically involves filing a petition, providing notice to all interested parties, possible appointment of appraisers, and a court-ordered remedy (division or sale). Costs and attorney fees may be charged against the estate or the sale proceeds per the court’s order.
Possession and accounting for use
An heir who occupies the property may be liable to other co-owners for use and occupancy (essentially fair rental value) from the time a demand to vacate or to account has been made, depending on the facts. Courts may order the occupant to pay the other heirs their share of rents or compensation, especially if the occupant has excluded them from possession without agreement.
Eviction vs. partition
Standard eviction (for tenants) is different from disputes between co-owners. If the occupant is an heir (co-owner), another heir generally cannot simply evict them through a residential eviction process. Instead, partition is the usual remedy to break the co-ownership. If the occupying heir is not an heir (for example, a non-heir tenant or squatter), a possessory action or eviction may be appropriate.
What to bring to court or to an attorney
- Death certificate and succession documents (vetting who inherited what).
- Title documents, deeds, and mortgage statements.
- Any written agreements among heirs, communications about occupancy, rental records, or receipts.
- Property appraisal, photos, and proof of expenses or improvements.
Timeline, costs, and likely outcomes
Partition actions can take months to over a year depending on complexity, contested issues, and whether the court orders a sale. Appraisal, advertising, and auction timelines affect duration. Court costs, appraisers’ fees, and attorney fees reduce net proceeds from a forced sale. If the property is sold, proceeds are divided by share after liens and costs are paid.
Where to find the law
Louisiana law treats partition and co-ownership in the Civil Code and related procedural law. For official statutes and to locate specific articles, consult the Louisiana Legislature website: https://www.legis.la.gov/. Your attorney can point to the precise Civil Code and Code of Civil Procedure articles that govern partition, use and occupancy, and succession matters.
When to get a lawyer
Consider hiring an attorney if:
- The occupant refuses reasonable offers to buy out or to account for use.
- There are mortgages, liens, or disputes about shares or title.
- You want to start a partition action or need to respond to one.
Helpful Hints
- Start with a written demand. A clear, dated demand to vacate or to negotiate a sale/buyout helps later in court.
- Keep records. Save emails, texts, offers, receipts for repairs, and proof of property-related expenses.
- Get a property appraisal early. Knowing market value helps with buyout offers and expected sale proceeds.
- Consider mediation before filing court papers—court costs and time often exceed mediation costs.
- Do not lock out or change locks without a court order. Self-help eviction can expose you to liability.
- If the occupant claims a life estate or usufruct, ask for documentation—those rights change the analysis.
- Ask your attorney about temporary relief if you need possession or an accounting quickly; courts can sometimes order interim measures.