Short answer
If a co-owner asks a Louisiana court only to sell a house (asks for a judicial sale) and does not propose buyout terms, you still have several options: oppose the sale and ask for partition in kind, ask the court to set buyout procedures or an appraisal, seek a temporary stay of any sale while you pursue alternatives, negotiate a private buyout or sale, or challenge the sale process if it violates your rights. Which option makes sense depends on who owns the property, the reason for the sale, and the facts about the property and mortgage or liens.
Detailed answer — how things normally work and what you can do
Basic framework under Louisiana law (plain language)
When two or more people own the same immovable (real) property together, any co-owner generally may ask a court to partition the property. A court can order that the property be physically divided (partition in kind), or, if that isn’t practical or fair, that the property be sold and the net proceeds distributed to the owners. Asking for a sale does not automatically eliminate your ability to seek other remedies.
Option 1 — Ask for partition in kind (keep the house)
If it is feasible to divide the property so each owner gets a distinct portion, ask the court for a partition in kind. To succeed you should show that a division is practical and would not unfairly prejudice any party. Practical examples: a large tract of land that can be divided, or a duplex where each owner can occupy a separate unit. If you prefer to keep the entire house, you can propose a plan where you buy the other owner’s share (see Option 2).
Option 2 — Ask the court to set buyout terms or provide an appraisal
If you want to keep the house, ask the court to order an appraisal and ask the other owner to accept a fair market buyout. Courts can direct appraisals or appoint experts to value the property. You can then offer to pay the appraised share (or a negotiated price), possibly with a payment plan or mortgage refinance. When sale is the petitioned remedy, file a counter-request asking the court to set procedures that allow you to purchase the property rather than forcing a public sale.
Option 3 — Seek a temporary stay or injunction to delay sale
If a sale is imminent but you need time to arrange financing, prepare an appraisal, or pursue settlement talks, file a timely motion asking the court to stay the sale. Courts sometimes grant short stays to allow parties to negotiate, obtain financing, or complete required assessments. Acting quickly is important — sales can proceed on a schedule set by the court.
Option 4 — Negotiate a private resolution or use mediation
Often the cleanest outcome is a negotiated buyout or agreed sale. You might refinance the mortgage and buy the other owner’s share, or agree to list the home and split net proceeds. Offer mediation to reduce legal costs and speed resolution. Keep written records of offers and communications.
Option 5 — Participate in the court-ordered sale and protect your interests
If the court proceeds with a sale, you can still protect your share by participating in the process: request a full accounting of liens, property costs, and proposed sale expenses; object if notice was defective; attend the auction; and raise post-sale objections if the sale was fraudulent or conducted improperly. You may be able to challenge inadequate notice, unfair bidding procedures, conflicts of interest, or fraud.
Option 6 — Consider special circumstances (estate matters, divorce, minor or incapacitated co-owners)
If the property is part of a succession, community property in a divorce, or involves minors/incapacitated persons, extra rules apply and the court may treat buyouts and sales differently. For example, courts often require extra protective procedures when selling property that belongs to a succession or a protected person. In these situations, ask the judge to require appraisals and protective oversight before any forced sale.
Practical steps to take immediately
- Read the petition and summons carefully and note the deadline to respond (missing a deadline can hurt your position).
- Gather documentation: deed, mortgage statements, tax and insurance records, receipts for payments or improvements, and any written communications with co-owners.
- Get a market appraisal or at least a broker opinion of value to support a buyout or partition-in-kind argument.
- Talk to a Louisiana attorney experienced in property partition or family/estate law as soon as possible. They can file the right motions and preserve time-sensitive rights.
- If you need time to explore options or obtain financing, promptly ask the court for a stay and for an order directing appraisal and mediation.
What to expect in court procedure
The court will consider the petition and any opposition. If the court orders a sale, it typically supervises the sale process to make sure proceeds are fairly distributed after paying liens and court-ordered costs. If you ask the court for a buyout or appraisal, the judge can direct valuation and set terms for how the buyout must proceed. Because procedures and deadlines vary, local rules and the judge’s preferences matter.
When to challenge the sale
Valid reasons to contest a court-ordered sale include lack of proper notice, mistakes in how the sale was conducted, conflicts of interest by the person conducting the sale, fraud, or a valuation so low it shocks the conscience. Challenges must be raised promptly and supported with evidence.
Helpful hints
- Respond quickly to court papers — check the summons for the deadline and do not let the case proceed by default.
- Get at least one independent appraisal before making or accepting buyout offers.
- Document any payments you made toward the property (mortgage, taxes, repairs) — that can affect equitable distribution of sale proceeds.
- Consider mediation; it’s often faster and cheaper than litigation and preserves negotiation control over buyout terms.
- If you want to buy out the other owner, line up financing or a concrete payment plan before asking the court to stop a sale — courts are more receptive when a realistic plan exists.
- Watch for liens, taxes, or unpaid assessments that reduce net proceeds; protect your credit and equity by resolving mortgage and tax issues promptly.
- Talk to a local Louisiana attorney early. They can explain local court practices, file necessary motions, and help negotiate buyout terms or challenge an unfair sale.
Where to get help
You can find local attorneys through the Louisiana State Bar Association (https://www.lsba.org) or by contacting local legal aid if you have limited income. An attorney can review your documents, explain deadlines, file appropriate motions (for partition in kind, appraisal, or stay), and represent you at hearings.