Detailed Answer
When multiple relatives co-own land in Louisiana, each co-owner has the right to force a legal partition under Louisiana law. Partition splits the land among owners or sells it and divides the proceeds. Here are the key steps:
- Verify ownership and shares. Gather deeds, title abstracts or recorded acts showing each relative’s percentage interest.
- Attempt an amicable partition. Louisiana Civil Code art. 807 allows co-owners to divide the property by agreement. This saves time and legal fees.
- Draft and file the petition. If relatives cannot agree, file a Petition for Partition of Immovable Property in the district court of the parish where the land lies. Cite La. Code Civ. Proc. art. 4621 (CCP Art. 4621).
- Serve all co-owners. Serve each relative with the petition and a citation. You must notify every person with an interest.
- Wait for answers. Co-owners have 15 days to file an answer. They can contest valuation or the proposed method of partition.
- Appraisal of the property. The court appoints three appraisers under CCP art. 4641 (CCP Art. 4641). Appraisers inspect and report fair market value.
- Determine type of partition.
- Partition in kind: If the land can divide without material prejudice, the court approves a physical division.
- Partition by licitation (sale): If an in-kind split is impractical, the court orders a public sale and divides net proceeds according to each owner’s share (CCP Art. 4631).
- Finalize distribution. For in-kind partitions, the court signs the partition act. For licitation, the sheriff conducts the sale, and the court apportions proceeds after deducting costs and liens.
Disclaimer: This article provides general information on Louisiana partition procedures. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Review your title chain early to identify all heirs or grantees.
- Consider mediation before filing to reach an amicable solution.
- Budget for court costs, appraisal fees and sheriff’s sale expenses.
- Understand timelines: deadlines for serving, answering and appealing.
- Explore private sale options to potentially avoid licitation costs.