Detailed Answer — How to force a sale (partition) of a deceased parent’s house in Louisiana
This article explains the practical steps for filing a partition action in Louisiana to force the sale of real estate owned jointly after your father’s death. It assumes you are (or claim to be) a co‑owner of the property. This is general information, not legal advice. For case‑specific guidance, consult a licensed Louisiana attorney.
What is a partition action?
A partition action asks a Louisiana district court to divide co‑owned immovable property (land or houses) among co‑owners. If the property cannot be practically divided, the court orders it sold at public auction (a licitation) and divides the sale proceeds between the owners after paying liens and costs.
Partition procedures are governed by Louisiana civil procedure rules for partition actions. See Louisiana Code of Civil Procedure, partition provisions (searchable at the Louisiana Legislature website): https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition.
Who can file a partition?
Any person with a recorded or asserted ownership interest in the property (a co‑owner) may file. That usually includes heirs who inherited the decedent’s interest. Before filing, confirm whether you already hold title (deed) or whether title will be established through succession proceedings.
Pre‑filing steps (what you should do first)
- Obtain and review the deed(s) and the parish conveyance records to confirm ownership and whether the decedent’s share passed automatically to heirs or remains in the succession estate.
- Check for mortgages, liens, taxes, and outstanding debts secured by the property through a title search or clerk of court records.
- If the decedent’s succession has not been administered, consider whether a succession proceeding or an heirship affidavit or judgment is needed to establish your ownership interest before or during the partition action. Guidance about successions is available via the Louisiana Legislature site: https://www.legis.la.gov/Legis/LawSearch.aspx?search=succession.
- Try an extrajudicial resolution: send a written demand to the co‑owners asking for partition or buyout. Courts often expect parties to explore settlement before litigation.
Filing the partition petition — what the court filing needs
File a petition in the district court where the property lies. The petition should:
- Identify the property with legal description (use the deed or parish records).
- Name and give contact information for all co‑owners and interested parties (heirs, mortgagees, lienholders, unknown heirs—often sued by descriptive names such as “John Doe”).
- Allege each party’s ownership interest and how that interest was acquired (deed, succession, intestacy, will).
- Describe any encumbrances or mortgages on the property and request notice to lienholders.
- State whether you ask for partition in kind (division of the physical property) or for licitation (sale). If the property cannot be fairly divided, request licitation (sale) and distribution of proceeds.
- Attach supporting documents: recorded deeds, death certificate, heirship affidavits, prior succession judgment (if any), and any title search results you have.
The court will issue citations to the named parties to appear. If some heirs are unknown, the court may order service by publication.
What happens in court — appraisal, division, or sale
Typical steps after filing:
- The court appoints commissioners or appraisers to value the property and recommend a partition plan.
- If the property can be physically divided equitably (partition in kind), the court may order the division and transfer separate portions to the owners in proportion to their interests.
- If the property is indivisible or division would be impractical or unfair, the court orders licitation: a public sale (often at auction) under court supervision. The sale proceeds are distributed among owners after paying mortgages, liens, taxes, court costs, and sale expenses.
- The court resolves competing claims (e.g., a co‑owner asserting a right to retain the property by buying out others) and adjusts shares for improvements, rents, or claims for waste.
Special Louisiana issues to watch
- Succession status. If the decedent’s succession is open and title remains in the succession estate, you may need a succession judgment or a declaration of heirs before a clean partitioning of title. Consult the succession rules and consider opening the succession if necessary. (See Louisiana succession resources: https://www.legis.la.gov/Legis/LawSearch.aspx?search=succession.)
- Usufructs and life interests. If someone holds a usufruct or life estate (for example a surviving spouse), that interest affects how the property is valued and divided. The court will account for usufructs when dividing proceeds.
- Creditors and liens. Mortgages and creditor claims against the succession can reduce sale proceeds and may require resolution before distribution.
- Homestead protection and family allowances may affect possession and division in limited circumstances—review with counsel if you suspect statutory protections apply.
Costs, timeline, and likely outcomes
Costs include court filing fees, service/citation costs, appraisal/commissioner fees, attorney fees (if you hire counsel), and sale costs. A simple uncontested partition may take a few months. Contested or complex matters (title disputes, many heirs, liens) can take a year or longer.
If co‑owners object or try to stop the sale
Co‑owners can object to procedures, challenge title, assert preferential rights (e.g., demand to buy out others), or seek to delay on equitable grounds. The court decides disputed issues of title and equitable relief. If the co‑owner can show a legitimate basis (valid claim to ownership, superior right, or legal defense), the judge may deny licitation or order alternative relief.
When to hire an attorney
Hire a Louisiana attorney if any of these apply:
- Title or heirship is unclear.
- There are mortgages, tax liens, or creditor claims.
- Multiple heirs or out‑of‑state/unlocatable heirs exist.
- You expect contested litigation or want to protect your share.
Helpful Hints
- Start by getting a certified copy of the death certificate and a title search at the parish clerk/recorder’s office.
- Collect deeds, mortgage statements, insurance policies, tax bills, and any wills or succession documents before filing.
- Try a written buyout offer to co‑owners before filing—settlement often saves time and money.
- If you want the house sold quickly, request licitation in your initial petition and explain why partition in kind is impractical.
- Keep a record of payments you made for maintenance, taxes, or mortgage after your father’s death—courts sometimes credit these amounts.
- Notify mortgagees and lienholders early so the court can include them and clear encumbrances on sale.
- Preserve evidence of occupancy, improvements, or agreements among heirs—these facts can affect the court’s equitable decisions.
- Expect to pay for an appraisal and possibly a survey; these help the court and increase chances of a fair result.
- If you are in another state, you may still file in the Louisiana parish where the property sits; you may need local counsel for service and court procedure.
Where to find official Louisiana rules and forms
Look up partition and succession statutes on the Louisiana Legislature website (search terms: “partition”, “succession”): https://www.legis.la.gov/. For local filing requirements and forms, contact the district clerk of court in the parish where the property is located.