How a Partition Action Works in Louisiana: Forcing Sale or Seeking a Buyout of a Co‑Owner’s Share

Short answer: If you and your sibling co‑own your parents’ house in Louisiana and you cannot agree on what to do with the property, you (or any co‑owner) can ask a district court to partition the immovable property. The court can either allot a portion in kind (rare for a single house), order a buyout (one co‑owner pays the others), or order a public sale by licitation with the proceeds divided among the co‑owners. To start, you file a petition for partition in the parish where the property is located and serve all persons with an interest.

Disclaimer

This article is educational only and not legal advice. Laws change and every case is different. Consult a licensed Louisiana attorney before filing court papers or taking legal action.

Overview: What a partition action does

Partition is the legal process that ends co‑ownership (often called indivision in Louisiana) by dividing property among owners or converting the property into money to be divided. In Louisiana, courts use this process to:

• Allocate a portion of the property to each co‑owner (partition in kind) when reasonably possible;
• Order one co‑owner to buy out the other co‑owner(s); or
• Order a public sale (licitation) of the property and distribute the net proceeds among the co‑owners.

Who can file a partition action

Any person who owns an interest in immovable property in indivision (co‑ownership) in Louisiana may file. That includes co‑owners who are heirs, joint purchasers, or otherwise hold title together. The petitioner must name all co‑owners and known interested parties so the court can decide the rights of everyone affected.

Where and how to start: court, petition, and parties

File a petition in the Louisiana district court in the parish where the immovable property is located. The petition should:

1. Identify the property with a precise description (recorded deed description or cadastral/parcel ID);
2. Name and state the addresses of all co‑owners and known claimants (spouses, heirs, creditors);
3. Allege your ownership interest and how title is held (e.g., heirs in indivision, tenants in common equivalent under Louisiana law);
4. State whether you ask for partition in kind, allotment (give the property to one owner with compensation to the others), buyout, or sale by licitation; and
5. Ask for other relief as appropriate (appointment of commissioners/appraisers, accounting for improvements, credit for encumbrances, injunctive relief to prevent sale or waste).

What happens after filing — main steps in the court process

Procedurally, a partition case typically follows these steps:

• Service and joinder: All co‑owners and known interested persons must be served so the court can resolve everyone’s rights.
• Preliminary rulings: The court may resolve claims to possession, order preservation measures, or temporarily enjoin transfers.
• Appraisal and commissioners: The court often appoints commissioners or appraisers to value the property and report on whether an in‑kind partition is feasible.
• Determination of partition method: If the property can be divided in kind without great prejudice, the court may allot parts to the owners. For a single house on one lot, division in kind is usually impractical, so the court commonly orders licitation (public sale) or allows one co‑owner to buy out the others.
• Accounting and credits: The court accounts for each co‑owner’s contributions, improvements, encumbrances, taxes, and mortgage obligations. The court may give credits or debits so proceeds or buyout amounts are equitable.
• Order of sale or judgment of allotment: If sale is ordered, the court supervises the licitation and distribution of net proceeds. If the court orders an allotment or buyout, it will issue a judgment directing payment and transfer of title.

Buyout vs. sale: how a buyout works

A buyout occurs when either the parties agree that one co‑owner will purchase the shares of the others or the court orders one owner to take the property and pay an equitable sum to the other owners. Typical mechanics:

• Property is appraised to determine fair market value.
• The court (or parties) calculates each owner’s share after accounting for debts, credits for improvements, and outstanding mortgages.
• The buying co‑owner pays the net buyout amount, and the court orders transfer of full title to the buyer.

Absent agreement, a court may order licitation when a buyout would be unfair or if no co‑owner elects to buy the others’ shares.

Special Louisiana considerations

• Succession matters: If the property is part of a deceased parent’s succession and a final succession judgment has not divided the property, you may need to address the succession first or join the succession proceedings. Heirship and forced heirship rules in Louisiana can affect who must be joined and how shares are calculated.
• Homestead and family rights: A surviving spouse or children may have rights affecting partition or sale. These rights can affect whether the court will allow a sale or will require special steps.
• Minor or interdicted co‑owners: If any co‑owner is a minor or under interdiction, the court will require representation (a curator or tutor) and may need additional protective measures before approving sale or transfer.
• Mortgages and creditors: Encumbrances (mortgages, tax liens) typically survive partition. Proceeds of sale are applied to secured debts before distribution to co‑owners unless the court provides otherwise.

Documents and information to gather before filing

• Recorded deed and chain of title for the property;
• Death certificates and succession documents if title passed at death;
• Mortgage statements and payoff information;
• Property tax bills and recent tax assessments;
• Receipts or records of major improvements or repairs you or others paid for;
• Any written agreements between co‑owners about occupation, payment of expenses, or buyout terms;
• Contact information for all co‑owners, spouses, and likely heirs or creditors.

Timing and likely costs

Partition actions can take months to more than a year depending on contested issues, need for appraisals, and whether sale is contested. Costs include court filing fees, appraisal and commissioner fees, publication costs for licitation, and attorney fees. If you win, the court may award costs or attorneys’ fees in certain circumstances, but you should expect to pay upfront for filings and appraisals.

Practical tips and alternatives

1. Try mediation or a negotiated buyout first — it’s usually faster and cheaper than court.
2. Get a professional appraisal before making offers so buyout numbers are realistic.
3. If you occupy the house and pay mortgage/taxes, keep records — courts consider equitable credits for contributions.
4. Be sure all likely claimants (spouses, heirs, lienholders) are identified — missing parties can delay or void a partition judgment.
5. Ask the court for a temporary order to prevent a co‑owner from selling or removing fixtures while the case proceeds.

Where to learn more and legal references

Louisiana’s rules about partition and actions affecting property are in the Louisiana Code of Civil Procedure and the Louisiana Civil Code. For statute text and chapter organization, see the Louisiana Legislature’s law search (search for “partition” or “indivision”):

• Louisiana Legislature — law search: partition
• Louisiana Legislature — law search: indivision / co‑ownership

Because the precise procedure and applicable rules depend on the facts (are your parents alive? Is the property part of an open succession? Are there mortgages or a surviving spouse?), consult a Louisiana attorney to review your documents and explain options specific to your situation.

Helpful Hints

• Document everything: keep deeds, receipts, mortgage payments, tax payments, and improvement records.
• Start by asking for an independent appraisal so buyout numbers are grounded in market value.
• Consider mediation — courts often encourage settlement and it saves money and time.
• If you live in the house, keep evidence of exclusive occupancy and payments to support equitable claims.
• Identify and notify all possible claimants (spouses, creditors, other heirs) early to avoid delays.
• Be prepared for court costs and appraisal fees; request that the court allocate costs fairly in its judgment.
• When in doubt, consult a Louisiana attorney experienced in property/partition and succession law before filing.

Need help finding a Louisiana attorney who handles partition and succession matters? Contact your parish bar association or the Louisiana State Bar Association lawyer referral service to locate counsel familiar with local practice and courthouse procedures.