This FAQ explains how to pursue a court-ordered partition (including a sale by licitation) under Louisiana law when some co-owners oppose selling inherited land. It outlines who may file, the typical court process, what the court considers, and practical steps to prepare. This is educational information only and is not legal advice.
What a partition action does and who can start one
A partition action asks a district court to divide or sell property owned by two or more people. Under Louisiana law, any co-owner (including an heir who inherits a fractional interest from a succession) can file for partition. The court can order either a division in kind (physically dividing the property) or a sale (licitation) if division in kind would be impractical or would cause prejudice to the owners. You do not need every co-owner’s consent to ask the court to partition property.
Where the rules live
Partition procedures and co-ownership rules appear in Louisiana statutes and codes. For the text of Louisiana laws and to locate specific articles on partition and co-ownership, see the Louisiana Legislature’s law search (search for “partition” or “co-ownership”):
Louisiana Legislature — search: partition.
Typical steps to file a partition-for-sale (licitation) in Louisiana
- Confirm who must be joined: Name every record owner and any known heirs, spouses, or claimants. The court must have all interested parties before it can divide or order a sale.
- Choose the correct court: File the petition in district court in the parish where the property sits.
- Prepare the petition: Describe the property (legal description or tax parcel), explain how each party holds an interest, and state whether you seek partition by division or, alternatively, partition by sale (licitation). Ask the court to appoint a commissioner or auctioneer as needed, and ask for judgment dividing proceeds after paying liens and costs.
- File and serve: File the petition and serve all co-owners and lienholders. Proper service ensures the court can proceed and prevents later challenges for lack of notice.
- Court examination and hearings: The court will review whether the property can be divided fairly. If division in kind would be impractical, the court commonly orders partition by licitation (public sale). The court may appoint a commissioner, direct appraisals, or set discovery to determine values or contributions.
- Sale (licitation) procedures: If the court orders a sale, state law and court rules govern notice, advertising, bidding, and how proceeds are handled. The court first pays secured claims and costs, then divides net proceeds among owners according to ownership shares, adjusting for improvements or unequal contributions where appropriate.
- Final judgment and distribution: After sale and payment of liens and costs, the court signs an order distributing proceeds and closing the partition case.
What the court considers when ordering a sale instead of division
- Whether the property can be physically divided without destroying its value (e.g., a single-family home lot vs. a large tract that can be parceled).
- The relative ownership shares and any written agreements among owners.
- Existing mortgages, liens, or servitudes that affect marketability.
- Improvements paid for by one co-owner or expenses paid that may call for reimbursement or credit from proceeds.
- Whether sale by licitation would be less prejudicial than forcing a division that reduces value.
Practical points about minority co-owners and blocking a sale
In Louisiana, a minority co-owner generally cannot block another co-owner from filing a partition action. Filing a petition starts the court process. The court then decides whether division or sale best protects owners’ interests. That said, a minority owner can assert legal defenses (for example, challenging ownership, asserting homestead rights, or claiming preferential rights under a written agreement). The court will consider those defenses at hearing.
Costs, timelines, and potential outcomes
Partition litigation can take several months to a year or longer depending on disputes, required appraisals, and the court’s schedule. Expect court costs, possible appraisal and commission fees, and attorney fees. The court may allocate costs among the parties. If you want to keep the property, you can offer to buy out the other owners’ interests at an agreed or court-ordered appraisal value.
Common alternative solutions to litigation
- Negotiate buyouts: propose a cash buyout of minority interests.
- Mediation: resolve value disputes and sale terms outside court.
- Partition in kind with compensating payments: divide the tract and credit owners for unequal shares.
- Sell voluntarily and split proceeds: faster and less costly when co-owners agree.
Helpful Hints
- Gather deeds, the succession judgment (if any), wills, mortgage statements, tax bills, and survey or plat maps before you meet an attorney.
- Obtain a current title search to identify liens or unrecorded claims.
- Get a professional appraisal early if you suspect value disputes.
- Talk to your siblings about buyout options before filing; a negotiated solution saves time and money.
- Consider mediation — many courts offer or encourage it and it can preserve family relationships.
- Ask a Louisiana district court clerk where to file for partition in the parish where the property sits.
- When you prepare a petition, ask the court for alternative relief (division in kind or sale) so the judge can choose the appropriate remedy.
- If you plan to proceed alone, learn local rules for civil procedure and service of process or consider hiring counsel experienced in Louisiana successions and property law.