Disclaimer: This article provides general information about who should be listed as petitioners in a partition lawsuit under Louisiana law. It is not legal advice. Consult a licensed Louisiana attorney to discuss the facts in your case.
Detailed Answer
In Louisiana, a partition action divides co-owned immovable property (land and buildings) or movable property among owners when they cannot agree on how to use or divide it. The people who start the lawsuit are the petitioners (plaintiffs). Who should be listed as petitioners depends on who is asking the court to divide the property and what legal interests others hold in that property.
1. Basic rule: the persons initiating the partition
List as petitioners the co-owners who are asking the court for relief. In most straightforward cases that means each co-owner who wants the court to partition the property and who is willing to be a plaintiff should be named as a petitioner. A single co-owner can also be the sole petitioner and sue the other co-owners as defendants; whether you name co-owners as petitioners or defendants is often a tactical decision made with counsel.
2. Include all persons with an ownership interest (practical considerations)
Before filing, identify those with recorded or known legal interests in the property and decide how they appear in the pleadings:
- Co-owners shown on deeds or title records — normally petitioners if they join the suit, otherwise defendants if they are served and oppose partition.
- Heirs or successors of a deceased owner — name them if you know who they are. If the decedent’s succession was not opened or closed, name the “estate of” and known heirs or follow special service rules for unknown heirs.
- Minors or interdicted (incapacitated) persons — they cannot sue on their own. A minor should be represented by their tutor or curator (or the party authorized to represent them in court) and that representative is listed in the petition as filing on behalf of the minor’s interest.
- Trusts or entities — list the trustee or authorized representative for trusts, corporations, partnerships, limited liability companies, or other legal entities holding title, and show their capacity (e.g., “ABC Trust, by Trustee Jane Doe”).
- Unknown owners — where owners are unknown, name them as “Unknown Owners” or “All Other Persons with an Interest” and use statutory methods (including service by publication) to give notice.
3. Parties who must be included even if they are not petitioners
Certain people or entities with legal or recorded interests that could be affected by partition should be made parties (usually as defendants) so the court can resolve all competing claims:
- Mortgagees, lien holders, judgment creditors with recorded liens on the property. Their interests can limit partition remedies; if their liens remain unpaid, the property may need to be sold and lien proceeds distributed.
- Possessory claimants or occupants who claim an adverse right. Even if they are not owners on title, a person with a recorded servitude or known possessory claim should be named so the court can decide their rights.
- Governmental tax authorities with liens for unpaid taxes should be noticed per applicable law.
4. Capacity and special representation rules
Because Louisiana has specific rules for minors, interdicted persons, and decedents’ estates, the petition must show each party’s capacity and, where appropriate, name the person filing on their behalf (e.g., tutor, curator, executor). A minor or interdicted person should not be listed simply by name without their representative; doing so risks dismissal or a delay while a representative is appointed.
5. Practical filing choices — who should be petitioner vs. defendant?
Either:
- A subset of co-owners file together as petitioners and sue the remaining co-owners and interested parties as defendants; or
- A single co-owner files as sole petitioner and names all other co-owners and interested parties as defendants.
Both approaches are common. Naming friendly co-owners as petitioners (joined plaintiffs) can simplify settlement of the petition and speed proceedings; naming everyone as defendants can be necessary when one co-owner wants partition but others oppose it.
6. Evidence to attach and what to state in the petition
When you prepare the petition, include clear allegations and supporting documents:
- Legal description of the property and a copy of the deed or title extract showing current ownership.
- Names and addresses of all known co-owners, lienholders, and other interested parties and a statement of their relationship to the property.
- If any party is a minor, interdicted, deceased, or an entity, state who will appear in court for them and cite the representative’s authority.
- A clear request for the remedy you want (partition in kind if practicable; if not, partition by judicial sale and division of proceeds).
7. Where to find the law and procedural rules
Louisiana’s rules for partition actions and co-ownership are found in the Louisiana Code of Civil Procedure and the Louisiana Civil Code. For the text of those laws and to search for provisions about partition and co-ownership, see the Louisiana Legislature website: https://www.legis.la.gov/. A Louisiana attorney will rely on those statutes and local court rules to prepare and file a partition petition properly.
Helpful Hints
- Start by pulling the deed/title and any recorded mortgages or liens. This identifies who must be named and how they should be described in the petition.
- If someone on title is deceased, check whether a succession was opened. If not, you may need to locate heirs or name unknown heirs by description in the petition.
- If a party is a minor or interdicted, have a tutor/guardian appointed before or at the time of filing or show why the court should appoint one — the court must protect those interests.
- Name trustees and business entities by showing the correct capacity (trustee, corporate officer, LLC manager) and attach documentation of authority if available.
- Include a short, clear statement of why partition is necessary and whether you ask for partition in kind or sale. Courts favor in-kind partition when it is reasonably practicable and fair to the owners.
- Consider contacting a Louisiana attorney early. Partition cases involve precise pleadings, notice requirements, and possible appointment of commissioners; mistakes can delay the case and increase expense.
- If you cannot find some owners, ask an attorney about the correct way to name “unknown owners” and use service by publication or other statutory methods to protect your case.
- Expect the court to set a hearing and possibly appoint commissioners (surveyors or appraisers) to value and divide the property.
If you want next steps, gather the deed and any recorded instruments and consider an initial consultation with a Louisiana attorney experienced in partition and real estate litigation.