Louisiana: How to Confirm Your Percentage Ownership in Parents’ Real Property

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Confirming Your Percentage Ownership in Parents’ Real Property: A Practical Guide for Louisiana

Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, consult a Louisiana attorney or a notary public.

Detailed answer — How to confirm your ownership share before a sale

If you want to confirm how much of your parents’ real property you own or will own before it is sold, follow clear steps to find the recorded title, identify the form of ownership, and, if needed, obtain a formal title opinion. Louisiana has unique property concepts (for example, community property, co-ownership in indivision, and usufruct/naked ownership) that affect ownership percentages, so the process focuses on documentary proof and, when needed, legal valuation.

Step 1 — Gather what you already have

Collect any documents your parents can provide: deeds, wills, trusts, marriage certificates, divorce decrees, prior sale contracts, and recent property tax bills. A deed or trust document usually states how the property was held (sole ownership, co-owners, survivorship language, or trust). The successors’ rights often trace to those documents.

Step 2 — Locate the official recorded deed(s)

Real property interests in Louisiana are established by recorded instruments in the parish where the property sits. Visit (or use the online search for) the parish Clerk of Court/Recorder of Conveyances to obtain certified copies of the deed(s) and the chain of title. The recorded deed is the starting point for determining legal ownership.

Step 3 — Read the deed and other recorded instruments carefully

Key wording to look for:

  • Names and how they are connected: sole owner, “and” (co-owners in indivision), or “and wife/husband” (may signal community property issues).
  • Words like “with usufruct to,” “nude owner,” or similar: these indicate split rights between use (usufruct) and bare ownership (naked ownership).
  • Any survivorship language or form of joint ownership that creates rights on death.

Step 4 — Determine the legal form of ownership and what that implies

Common Louisiana ownership forms and what they mean for percentage ownership:

  • Sole ownership: One person holds full title. Others have no recorded ownership.
  • Co-ownership (indivision): Two or more persons own the property together. Unless the deed states specific fractional shares, co-owners typically own the thing in indivision and may be treated as owning equal interests — but the deed can assign specific fractions (e.g., 1/2, 1/3).
  • Community property: Between spouses, property may be community property, giving each spouse an ownership interest under family/community property rules.
  • Usufruct and naked ownership: In Louisiana succession planning, a surviving spouse or other person may have a usufruct (the right to use and receive income from property) while children hold the naked ownership (title) in indivision. Legal or actuarial valuation may be needed to convert usufruct into percentage value for sale or division.

Step 5 — If the deed is unclear, get a title search or opinion

Hire a Louisiana title company, real-estate attorney, or notary to run a full title search and issue an opinion of ownership. The title opinion will identify all recorded instruments, liens, and the likely ownership percentages (or whether percentages cannot be concluded without litigation or further documents).

Step 6 — If ownership depends on succession, probate, or trust documents, confirm completion

If your parents died, or if the property was transferred into a trust, the recorded succession judgment (probate) or trust deed controls. If succession has not been opened or completed, legal ownership may not have legally transferred. Ask the clerk of court for succession records in the relevant parish.

Step 7 — If co-owners disagree, understand partition remedies

When co-owners cannot agree on sale or division, Louisiana law allows a partition action in court. A partition may result in physical division, judicial sale, or an order allocating proceeds. A court action will finally determine and enforce ownership shares if those shares are disputed and cannot be established from the records or agreements.

When you may need valuation

If ownership is split between usufructuary rights and naked owners, or if the deed assigns unequal shares, you may need a legal valuation (often using actuarial tables or appraisals) to express each person’s interest as a practical percentage for sale or distribution.

Practical timeline and costs

Simple record searches and certified copies: typically days and modest clerk fees. A professional title search or notary opinion: days to weeks and moderate fees. Succession or litigation to fix ownership: months and significantly higher legal costs.

When to get a lawyer or notary

Consult a Louisiana real estate attorney or a notary when:

  • Records are unclear or contradictory.
  • Usufruct, succession, or trust issues are present.
  • Co-owners contest their shares or plan to pursue partition.
  • You need a title opinion before a sale.

Helpful hints — Quick practical tips

  • Start at the parish Clerk of Court/Recorder of Conveyances for the property’s parish. Ask for the recorder’s official copies and the chain of title.
  • Check property tax records at the parish assessor’s office to confirm the currently recorded owner name(s).
  • Look for language that specifically allocates fractions (e.g., “one-half”, “one-third”). If the deed is silent, equal shares are often presumed in indivision unless a different intent appears.
  • If you see words like “usufruct” or “naked owner,” do not assume a simple fractional percent. Ask a notary or attorney about valuation methods and how that affects sale proceeds.
  • If your parents are alive and cooperative, ask them for the recorded deed and any estate planning documents. A voluntary deed or amendment (executed with a notary) can make ownership clear.
  • Obtain a certified copy of any succession judgment if a parent has died. The succession judgment and act of possession are critical to confirm title transfer after death.
  • Hire a practitioner experienced in Louisiana’s civil-law system (attorney or notary). Louisiana uses civil-law concepts not found in other states; a local practitioner will avoid missteps.
  • Keep records: certified copies of deeds, recorded affidavits, succession documents, and title opinions will be required by buyers or lenders before any sale.

Next steps

1) Identify the parish where the property is located and obtain a certified copy of the deed from the parish recorder or clerk of court. 2) If the deed or records are unclear, hire a Louisiana title company, notary, or real estate attorney to run a full search and provide an ownership opinion. 3) If ownership depends on succession, ensure the succession is opened and judgment recorded. 4) If co-owners disagree, discuss partition options with counsel.

Remember: This article is a general guide. It does not replace the advice of a Louisiana attorney or notary who can review your documents and provide binding legal guidance for your facts.

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. See full disclaimer.