Short answer

Under Louisiana law you can often force the sale of a decedent’s immovable (real) property and have the proceeds distributed according to the will, but the process depends on whether the succession (probate) is open, whether the surviving spouse holds ownership or only a limited right (for example, a usufruct), and whether any homestead, community-property, or forced‑heirship rights apply. The usual remedies are: (1) open and administer the succession through the succession court; (2) have the estate’s executor/administrator seek court authorization to sell the immovable; or (3) file a judicial partition and sale (partition action) asking the court to divide or sell the property and distribute the proceeds. Each path requires careful factual and legal work in Louisiana. This article explains the steps, the legal issues to check, and practical tips for moving forward.

Disclaimer

This information is for educational purposes only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Louisiana attorney who handles successions, estate administration, and partition actions.

Key Louisiana law references

• Louisiana laws on successions and succession administration (searchable): legis.la.gov — succession.
• Louisiana material on usufruct, co-ownership, and property rights (searchable): legis.la.gov — usufruct and legis.la.gov — community property.
• Louisiana rules and procedures for partition actions and civil procedure (searchable): legis.la.gov — partition.

Overview: who has what right to the house?

Before you can force a sale, you must know what legal rights the surviving spouse actually holds. Common possibilities in Louisiana:

• Ownership (full title): If the house is titled in the spouse’s name alone, the spouse may already own it and a will cannot force sale of property not in the decedent’s estate.
• Community property interest: Louisiana is a community‑property state. If the house is community property, the decedent’s undivided half may pass under the will; the surviving spouse owns the other half. The decedent’s half is part of the succession and can be administered or sold to satisfy succession purposes.
• Usufruct or right of habitation: The will or law could grant the surviving spouse a usufruct (a right to use and receive fruits of property) or a right of habitation. A usufructuary does not own full title but may live in and control the property. A usufruct complicates sale because selling an asset subject to usufruct requires addressing the usufruct’s termination or valuation.
• Homestead or other statutory protections: Louisiana law includes protections that can affect forced sale in some cases. Confirm whether the homestead rules or any creditor protections apply.

Typical factual example (hypothetical)

Example: John died testate leaving a will that says “sell my house and split proceeds equally among my three children.” The house was acquired during marriage with his spouse Mary, who now lives there and refuses to cooperate with the sale. You need to know whether the house is community property, whether Mary has a usufruct, and whether a succession has been opened.

Step-by-step practical process in Louisiana

1. Gather documents and facts.
   • Get the will, death certificate, marriage certificate, deed/title, closing statements, mortgage records, property tax bills, and any record showing how the property was acquired (separate or community funds).
   • Find out whether a succession proceeding has been opened and whether an executor/administrator has been appointed.
2. Determine the surviving spouse’s legal interest.
   • If title is in the estate (decedent’s name alone or in both names as community property), the decedent’s portion is part of the succession and can be administered under the will.
   • If the surviving spouse has a usufruct or right of habitation, that affects how sale proceeds are allocated. A sale will typically extinguish the usufruct but the usufructuary may be entitled to an indemnity or to a portion of proceeds depending on court findings.
3. Open or confirm administration of the succession.

   If no probate/succession is open, a named executor under the will (or a petitioning person) should open succession in the proper Louisiana district court. The executor or administrator has standing to ask the court to sell estate immovables if necessary to pay debts or to liquidate assets for distribution.

4. Ask the executor/administrator to seek court authorization to sell.

   When the will directs sale, the estate’s representative can petition the succession court for authority to sell immovable property that belongs to the succession or to partition and sell a property that is co-owned. A court sale (either by public auction or by private sale approved by the court) is a common remedy.

5. If the spouse blocks voluntary sale, file for partition and sale.

   A partition action (judicial partition) asks the court to divide the property among co-owners or, if division in kind is impractical, order a sale and division of proceeds. Heirs or co‑owners (including the executor for the succession) can request partition. The court can order a sale and direct distribution of the proceeds according to ownership shares and valid testamentary directions.

6. Address usufructs, homestead, and special rights in court.

   If the spouse claims a usufruct or other statutory right, the court will determine the nature and value of that right and how proceeds are divided. Selling an asset subject to usufruct typically extinguishes the usufruct; the court will address compensation or allocation consistent with Louisiana law.

7. Use remedies to enforce a court order.

   Once the court orders sale and distribution, the court can appoint a curator, order the sheriff to execute sale procedures, and issue writs to enforce transfer. If the spouse disobeys a court order, contempt or enforcement proceedings can follow.

What the court will look at

• Legal title and acquisition history (separate vs. community property).
• Language of the will and whether it clearly directs sale and distribution.
• Whether the surviving spouse has a usufruct, right of habitation, or homestead protection.
• Whether partition in kind is feasible (can the property be physically divided) or if sale is the only practical remedy.
• Whether creditors or estate debts require sale to satisfy obligations before distribution.

Timing and likely costs

Expect months for a straightforward succession and sale if parties cooperate, and longer if litigation is needed. Costs include court fees, attorney’s fees, appraisal costs, advertising and sheriff’s sale fees (if auctioned), and possibly mortgage payoff. The court can order the estate to bear these costs before distribution.

Practical checklist before you file

• Make copies of will, death certificate, deed, tax records, mortgage information, and marriage certificate.
• Confirm whether an executor or succession administrator is in place.
• Get a recent appraisal or broker opinion of value.
• Send a written demand (through counsel) asking the spouse to cooperate in sale — this record helps if you later litigate.
• Talk with a Louisiana probate/estate attorney about the best procedural option (successor’s petition to sell vs. partition action).

When to hire an attorney

Hire a Louisiana attorney if any of the following apply: the spouse claims ownership or usufruct; the title is unclear; the surviving spouse refuses to vacate or refuses to sign documents; the estate has significant debts; or litigation is likely. An attorney will draft pleadings, seek temporary relief (e.g., injunctive relief or appointment of a curator), and represent you at the judicial partition or succession hearing.

Possible outcomes

• Voluntary sale and distribution per the will after the executor acts.
• Court-ordered sale with proceeds divided according to ownership shares and valid testamentary instructions.
• Adjustment of shares to reflect a surviving spouse’s usufruct or homestead rights as determined by the court.
• Difficult litigation if title or succession issues are contested, which may increase time and cost.

Helpful hints

• Do not try to forcibly remove the spouse or change title yourself — use court processes to avoid criminal or civil liability.
• Document every communication in writing. A clear paper trail helps in court.
• Look early for an appraisal and clear title information. Buyers and courts will want an up‑to‑date value.
• If the spouse lives in the house, consider seeking temporary orders for possession, payment of upkeep, or accounting for rents/expenses while the case proceeds.
• Be prepared for compromise. Courts often encourage negotiated solutions (buyouts, life tenancy buyouts, or structured distributions) to avoid long litigation.
• Check for any mortgage, tax liens, or creditor claims that have priority and must be paid first from sale proceeds.
• Use the Louisiana legislature’s site to read relevant statutes and the Civil Code topics: https://legis.la.gov/.

Next steps you can take today

1. Collect the documents listed above.
2. Contact a Louisiana probate attorney for a short consultation — many attorneys will tell you whether you can proceed with a partition or need to open a succession.
3. If you are the executor, prepare a petition to the succession court for authority to sell or to partition and sell the property.

If you want, provide the limited, non‑identifying facts of your situation (e.g., whether the house is titled in one or both names, whether a succession is open, and whether the spouse claims a usufruct). I can outline the likely procedural path and the court filings you will likely need under Louisiana law.