What happens if mediation fails and I need to file a partition action to force the sale of jointly owned land in Louisiana?

Disclaimer: This is for general informational purposes only and is not legal advice. I am not a lawyer. Consult a licensed Louisiana attorney for advice about your specific situation.

Detailed answer — How partition actions work in Louisiana when mediation fails

If mediation fails and you cannot reach an agreement with the other co-owner(s) of immovable property (real estate), a partition action is the usual next step in Louisiana to end joint ownership and divide the property or its value. In Louisiana this is a court proceeding filed in the district court where the property is located. The court’s goal is to give each co-owner what they are entitled to in ownership value, either by physically dividing the land (partition in kind) or by forcing a public sale (partition by licitation) and distributing the proceeds.

Who can file a partition action?

Any co-owner (full owner, usufructuary with rights to demand partition, or other party with a recognized property interest) may file for partition. You must name all co-owners and anyone with recorded interests (mortgages, liens, lessees with possessory rights where appropriate) so the court can resolve competing claims.

Types of partition the court may order

Partition in kind (physical division): The court will divide the property into separate parcels if the land can be fairly apportioned without prejudice to owners’ rights and values. The court may appoint commissioners or a surveyor to create new boundaries and adjust shares.
Partition by allotment and adjustment: One or more co-owners may be allotted specific portions and others receive cash adjustments to equalize value.
Partition by licitation (forced sale): If division in kind is impractical, inequitable, or would appreciably reduce value, the court will order the property sold at public auction (licitation) and distribute the net proceeds among owners according to their ownership interests.

Typical procedural steps after filing

File petition: You (the petitioner) file a partition petition in the district court describing the property, stating each owner’s interest, and asking for partition. The petition must identify mortgages, liens, lessees, and other encumbrances.
Service of process: All co-owners and recorded encumbrancers are served with the petition so they can respond.
Preliminary matters: The court may set bond or security (for costs), order inventories, or address urgent possession disputes.
Valuation and experts: The court can appoint or allow appraisals, surveys, and commissioners to assess value and practical divisibility. Parties often submit appraisals and surveys as evidence.
Hearing: The court holds hearings to decide whether partition in kind is appropriate or whether licitation is required. The judge decides how to divide property or will order sale.
Sale (if ordered): If sold by licitation, the sale process follows court rules—often a public auction under court supervision. The court will handle payment of liens, taxes, and sale costs before distributing net proceeds.
Distribution and judgment: After sale and payment of encumbrances and costs, the court issues judgment distributing proceeds according to ownership shares and any court-awarded credits or offsets (for improvements, contributions, or waste).

How ownership shares, liens, and debts affect the outcome

The net proceeds (or allotments after division) are distributed according to proven ownership shares. Mortgages, tax liens, and other recorded encumbrances attach to the property and typically must be paid out of sale proceeds before co-owners receive distributions. If one co-owner paid more than their share of taxes, improvements, or mortgage payments, the court may grant credits or adjust distributions accordingly.

Possible outcomes and consequences

The court divides the land so each owner receives a distinct parcel.
The court orders a sale (licitation) and the net proceeds are divided.
A co-owner may buy out others by paying the court-ordered value for their shares.
Costs, attorney fees, and liens reduce the amount each owner receives. In some cases, the losing or non-complying party may be ordered to pay costs.

Timeline and practical considerations

Partition actions vary in length. Simple partitions in kind may resolve in months if co-owners cooperate on surveys and valuations. Licitation cases can take longer because of required notices, sale procedures, and possible appeals. Expect several months to over a year in complex cases.

Where to find the relevant Louisiana law

Louisiana law governs partition, co-ownership, and property rights. For statutory text and to find specific provisions about co-ownership and partition, start with the Louisiana Legislature and the Louisiana State Law Library:

These resources will help you find the Civil Code and procedural provisions that apply to partition actions in Louisiana.

Helpful hints — documents, strategy and what to bring to a lawyer

Gather title documents: deed(s), chain of title, recorded conveyances, and any partition or servitude agreements.
Collect lien info: mortgages, tax liens, judgments, and any recorded encumbrances. The court must be able to identify and pay these from sale proceeds.
Provide proof of contributions: receipts for taxes, insurance, mortgage payments, or improvements you made that you want credited.
Get a recent survey or plat, if available. A survey speeds up decisions about partition in kind.
Bring copies of leases, possession evidence, and any written agreements among co-owners.
Consider a buyout: ask whether a co-owner will buy your interest (or you buy theirs) to avoid court costs and delays.
Understand costs: filing fees, appraisal and survey costs, commissioners’ fees, and attorney fees will reduce net proceeds. Ask the court or counsel about likely costs early.
Ask about temporary relief: if someone is wasting property or denying access, the court can sometimes grant emergency possession or injunctive relief pending partition.
Keep communication records: emails, texts, and letters with co-owners can help show negotiation efforts or disputes.
Consult a local Louisiana attorney experienced in partition and real property: they can draft the petition correctly, identify necessary parties, and explain local court practices.

If mediation failed, filing a partition petition is a common and effective legal method to end co-ownership. Because partition proceedings can be procedurally complex and have important financial consequences, a Louisiana lawyer can help protect your rights and maximize the value you receive from the property.