Options to Divide or Force Sale of Co-Owned Real Property in Louisiana

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For an opinion tailored to your situation, consult a Louisiana attorney.

Detailed answer — how you can force a sale or division under Louisiana law

If you and your ex still own real property together after divorce in Louisiana, you generally have a few routes to end the co-ownership (also called “indivision”). The right to terminate indivision is well established in Louisiana civil law: co-owners may agree on a division or, if they cannot agree, any co-owner can ask a court to partition the property. In Louisiana a court can either physically divide the property when division is feasible or order a judicial sale (commonly called licitation) and divide the sale proceeds among the owners.

1) Confirm the ownership situation and the divorce decree

First, review the divorce judgment and the property title. The decree may already have awarded the property to one spouse, required sale, or reserved ownership by placing the property in indivision. If the decree awarded the property to one party, that judgment controls. If the decree left the property in indivision, normal co-ownership rules apply.

2) Try voluntary options (fastest, least costly)

Negotiate a buyout: one co-owner buys the other’s share at an agreed value. Document the sale and record a deed.
Sell by agreement: list the property and split proceeds according to ownership shares or agreement.
Enter a written partition agreement: specify who gets which portion, or how proceeds divide if sold.

3) File a judicial partition action (when you cannot agree)

If voluntary options fail, a co-owner can file a partition action in the district court where the immovable (real property) is located. The court has authority to:

Award a physical division of the property when it can be divided without seriously reducing value.
Order a licitation (judicial sale) when physical division is impractical or would cause prejudice, then distribute net sale proceeds among co-owners according to their shares.

Partition actions typically require a survey or appraisal, notice to all co-owners and interested parties, and resolution of liens or mortgages that encumber the property. The court may also appoint expert appraisers or commissioners to assist in dividing or valuing property.

4) Address mortgages, liens, and debts

A partition or sale does not automatically remove valid mortgages or liens. Mortgage holders must be paid from sale proceeds in order of priority. If you believe the other co-owner has allowed liens to accrue, the court can order remedies, but you should address encumbrances early in the process.

5) Interim remedies and practical considerations

Ask the court for a temporary injunction or other emergency relief if the other co-owner threatens to damage, waste, or improperly transfer the property.
Request an accounting for rents, income, and expenses related to the property so the division of proceeds is fair.

6) How the process usually ends

Outcomes include a deed transferring a defined portion of the land to one party, a sale at public auction with proceeds divided, or settlement by agreement at any point during litigation. Expect time in months (commonly several months to a year or more) and legal and court costs. Net proceeds after paying mortgages, taxes, and court costs get divided according to the owners’ legal shares or agreement.

Key Louisiana legal resources

Louisiana law recognizes the right to partition and provides procedures through state law and court rules. For statutory material and to read statutes or search official state law resources, see the Louisiana Legislature search pages (search for terms like “partition,” “indivision,” or “licitation”):

When to consult an attorney

If the co-owner refuses to cooperate, there are liens, mortgage arrears, disputes over who owns what percentage, or threats to the property, consult a Louisiana real estate or family law attorney. An attorney can evaluate whether the divorce decree already resolved ownership, prepare or respond to a partition suit, and help protect your rights through injunctions or other court orders.

Helpful Hints

Start by pulling the recorded deed, mortgage documents, and your divorce judgment. These documents determine legal ownership and any encumbrances.
Get a current appraisal to understand value before negotiating or suing.
Talk to your ex about buyout or sale options—settlement avoids court costs and delay.
If you file for partition, expect the court to clear liens and distribute net proceeds; securing an attorney helps ensure liens and priorities are handled properly.
Preserve evidence of any waste, damage, or unauthorized transfer of the property; this supports emergency relief from the court.
Consider tax consequences of sale or buyout; a CPA or tax attorney can advise on capital gains and basis adjustments.
Keep records of payments for mortgage, taxes, insurance, and repairs—these affect accounting and who owes what at division.

If you want, provide basic facts (type of deed, whether the divorce decree mentions the property, whether there is a mortgage) and I can outline likely next steps you might discuss with a Louisiana attorney.