What legal options exist if co-owners cannot agree on sale logistics or cost sharing? – Louisiana | Louisiana Partition Actions | FastCounsel
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What legal options exist if co-owners cannot agree on sale logistics or cost sharing? – Louisiana

What Legal Options Exist When Co-Owners Disagree on Sale Logistics or Cost Sharing?

Detailed Answer

When two or more people co-own immovable property in Louisiana and cannot agree on how to handle sale logistics or share costs, state law provides a clear remedy: a judicial partition action. This process forces a division or sale of the property and allocates proceeds or assets according to each owner’s share.

1. Filing a Partition Action

  • Any co-owner may file a petition in the district court for partition of immovable property. See La. R.S. 13:4801 (Title 13, § 4801).
  • The petition must identify the property, co-owners and their respective interests.
  • The court issues citation to all co-owners. Unresponsive parties may have their share defaulted.

2. Partition In Kind vs. Partition by Licitation

  • In Kind: The court divides the property into physically distinct parcels, allocating portions by value. The process follows La. Civ. Code art. 809 (CC 809).
  • By Licitation (Sale): If in-kind division is impractical or unfair, the court orders a public auction (licitation) and divides proceeds. See La. Civ. Code art. 815 (CC 815).
  • A court-appointed commissioner or custodian handles the sale or physical division.

3. Cost Allocation and Expenses

  • Court costs, appraisal fees and advertising expenses for licitation come from the sale proceeds before dividing net proceeds among co-owners. La. Civ. Code art. 816 (CC 816).
  • Co-owners may agree to bear certain costs in advance, but absent agreement, the court apportions them in proportion to each owner’s interest.

4. Alternative Dispute Resolution

  • Mediation: The court often encourages mediation to reduce costs and preserve relationships. Any agreement can be submitted for court approval.
  • Buy-Out Agreement: A co-owner may offer to buy out others at fair market value, avoiding partition litigation. Use a qualified appraiser for valuation.

Helpful Hints

  • Document all communications in writing to track offers or cost-sharing proposals.
  • Obtain an independent appraisal to establish the property’s value before filing.
  • Discuss mediation; it can save time, money, and preserve co-owner relationships.
  • Consult local counsel early to prepare the petition and supporting documents correctly.
  • Be aware that partition actions can take several months to complete, depending on court schedules.

Disclaimer: This article provides general information and does not constitute legal advice. Always consult a licensed attorney in Louisiana to discuss the specifics of your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.