Disclaimer: This information is general and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance specific to your situation.
Detailed Answer: Co-Ownership Rights in Louisiana Successions
When heirs inherit property together in Louisiana, they hold undivided interests as co-owners. Each co-owner enjoys equal rights to possession and use, regardless of their share size. One heir cannot exclude another from the property without legal cause.
1. Right to Possession and Use
Louisiana Civil Code art. 810 (La. Civ. Code art. 810) provides that co-owners may occupy the immovable property in proportion to their interest. If an heir occupies more than their share, they must compensate the other co-owners for the excess use.
2. Sharing Property Charges
Under La. Civ. Code art. 787 (La. Civ. Code art. 787), co-owners must contribute to charges such as taxes, insurance, and necessary repairs in proportion to their ownership interests. An occupying heir must pay their fair share of ongoing expenses.
3. Partition Actions
If co-owners cannot agree on possession or sale, any heir may file for partition. Louisiana Civil Code art. 815 (La. Civ. Code art. 815) authorizes a partition action to divide property “in kind” when feasible. If a physical division is impractical or would greatly diminish value, the court orders sale by licitation and divides the proceeds according to ownership shares.
4. Compensation for Occupancy
During partition, the court under La. Civ. Code art. 812 (La. Civ. Code art. 812) may apportion just compensation to co-owners who occupy the property exclusively. The occupying heir can be ordered to pay the others for the fair rental value of the period they remained in possession.
5. Buyouts and Agreements
Alternatively, heirs often negotiate a buyout. An heir wishing to reside in the home may purchase the other interests at an agreed or appraised fair market value. Document the agreement in writing to avoid future disputes.
Helpful Hints
- Obtain an independent appraisal to establish fair market value before negotiations.
- Keep detailed records of property expenses and improvements.
- Consider mediation or family settlement conferences to avoid court.
- Understand potential tax consequences of sale or buyout.
- Consult a Louisiana attorney early to safeguard your rights and interests.