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What options exist if co-owners cannot agree on a buyout price in Louisiana

Understanding Your Options When Co-Owners Disagree on a Buyout Price

Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When two or more people co-own real estate in Louisiana and cannot agree on a buyout price, state law offers several remedies. These include negotiation, appraisal, court-ordered partition, or sale. Below is an overview of each option under Louisiana law.

1. Negotiated Buyout with Appraisal

Co-owners can hire an independent appraiser to value the property. Each owner then uses the appraised value as the starting point for negotiations. This approach often costs less and resolves disputes faster than litigation.

2. Mediation or Alternative Dispute Resolution (ADR)

Mediation involves a neutral third party who helps co-owners reach an agreement on price or terms. ADR methods can be faster, more private, and less expensive than going to court.

3. Court-Ordered Judicial Partition

If negotiations and ADR fail, any co-owner may file a petition for partition in Louisiana district court. Under La. Civ. Code Art. 773 (https://legis.la.gov/Legis/Law.aspx?d=102928), the court can:

  • Divide the property physically, if feasible, allocating parcels of equal value to each owner.
  • Order a public sale (partition by licitation) when physical division would be impractical or inequitable.

In a sale, proceeds split according to each owner’s percentage interest. The court also considers liens and taxes before distributing net proceeds.

4. Unequal Contributions and Reimbursement

Louisiana law recognizes that co-owners may have contributed unequally to the property’s acquisition, improvement, or maintenance. Under La. Civ. Code Art. 680 (https://legis.la.gov/Legis/Law.aspx?d=102935), contributors can seek reimbursement when the property is partitioned or sold.

5. Consent Decrees and Buy-Sell Agreements

Before conflicts arise, co-owners can draft a buy-sell agreement setting how price disputes will be resolved—such as through a shotgun clause or agreeing to binding arbitration.

Key Louisiana Statutes

  • La. Civ. Code Art. 668 (https://legis.la.gov/Legis/Law.aspx?d=102915) – Definition and rules of co-ownership
  • La. Civ. Code Art. 773 (https://legis.la.gov/Legis/Law.aspx?d=102928) – Judicial partition procedures
  • La. Civ. Code Art. 680 (https://legis.la.gov/Legis/Law.aspx?d=102935) – Reimbursement for unequal contributions

Helpful Hints

  • Obtain an independent appraisal before negotiations begin.
  • Try mediation to save time and legal fees.
  • Understand your percentage interest in the property title.
  • Keep detailed records of any payments for maintenance or improvements.
  • Consider a written agreement spelling out buyout rules in advance.

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.