Detailed answer — step by step

1. Confirm who holds what interest

First, identify every person or entity who has an ownership interest (title owners, successors, heirs, spouses with community or separate property claims, and any lienholders). Collect deeds, title reports, wills, trust documents, mortgage or lien records, and tax records. The court needs a clear list of parties and each party’s claimed share.

2. Try to resolve the dispute before filing

Court actions cost time and money. Consider these low‑cost options first:

• Direct negotiation among owners
• Mediation (neutral third party)
• Agreement to buy out a co‑owner or to sell and split proceeds

3. Choose the remedy you will request

In Louisiana you typically ask the court for one of two outcomes:

• Partition in kind: physically divide the land so each co‑owner receives a portion consistent with their share (works when the property can be fairly divided).
• Partition by sale: sell the property (often at public auction) and divide the proceeds among owners according to their shares (used when the property is not divisible or a fair division is impractical).

The petition can ask the court to order partition in kind if practical and otherwise order sale.

4. Prepare and file the partition petition in the correct court

File a petition for partition in the district court for the parish where the property is located. Your petition should include:

• Identification and legal description of the property
• Names and addresses (if known) of all owners and other interested parties (mortgagees, lienholders, heirs)
• How and when each party acquired their interest and each party’s claimed share
• Whether you request partition in kind or by sale (or both, as alternatives)
• Prayers for relief (appoint a commissioner to partition or sell, order accounting, award costs, etc.)

See the Louisiana legislature’s resources for partition-related procedure: Search “partition” at legis.la.gov.

5. Serve and join all interested parties

The court will require that every person who may claim an interest in the property be served with the petition. If someone cannot be located, the court has procedures for constructive service or appointing a curator to protect absent parties’ interests.

6. Evidence, valuation, and possible appointment of commissioners

The court often orders a valuation or appraisal. The judge may appoint a commissioner (sometimes called a partition commissioner) to perform the physical division or to conduct the sale. The commissioner reports to the court and follows the judge’s orders for dividing or selling the property.

7. Partition in kind vs. sale — what to expect

Partition in kind:

• Court tries to divide property so each owner receives property equal to their share.
• May require boundary adjustments, surveys, and possible payments between owners to equalize values.

Partition by sale:

• Often happens when division would be impractical or unfair.
• The sale may be at public auction or by private sale under court supervision.
• Sale proceeds pay liens and costs, then remainder divides among owners by their shares.

8. Liens, mortgages, and creditors

Mortgages and other recorded liens attach to the property and generally must be paid from sale proceeds before owners receive their shares. If a co‑owner owes third‑party creditors, those claims may be asserted in the partition action. The petition should identify known liens and request that the court order appropriate payouts from sale proceeds.

9. Costs, attorney fees, and timeline

Costs include filing fees, appraisers, surveyors, commissioner fees, sheriff/auction costs, and attorneys’ fees (the court may allocate costs between parties). A partition action can take several months to over a year depending on complexity, joinder issues, and appeals.

10. What an owner can expect after judgment

After the court orders partition or sale and distributes funds, owners receive their shares. If an owner received unequal value due to improvements or payments to preserve the property, the court can order credits or debits so each owner’s final distribution accounts for contributions and expenses.

Practical example (hypothetical)

Three siblings inherit a 10‑acre tract as equal owners. Two want to keep and divide into three lots; one wants to sell. They cannot agree. One sibling files a partition petition in the parish district court asking first for partition in kind and, if not feasible, for sale and division. The court orders an appraisal, appoints a commissioner, and finds the lots are not fairly divisible. The court orders a sale, pays the mortgage from proceeds, and divides net proceeds equally among the siblings after costs.

Where to find relevant Louisiana statutes and rules

Louisiana procedural and property rules relevant to partition actions are in the Louisiana Code of Civil Procedure and the Louisiana Civil Code. Use the legislature’s site to view exact provisions and procedures: legis.la.gov (search for “partition” or “co‑ownership”).

Note: Because partition actions mix civil procedure and property law, an attorney can ensure you name all necessary parties, identify liens, present proper relief, and follow local court practice.

Helpful Hints

• Start by getting a current title search to reveal owners, heirs, mortgages, and liens.
• Gather deeds, wills, trusts, tax bills, and any written agreements between co‑owners before you file.
• Try mediation first — it is usually faster and cheaper than court.
• If you file, ask the court for an accounting of contributions and expenses (repairs, taxes) so the division is fair.
• Be realistic about partition in kind: many properties are not practically divisible without losing value.
• Keep receipts for improvements and expenses — the court can credit or charge owners based on contributions and waste.
• Expect the court to require appraisals and possibly surveys — plan for these costs.
• Notify mortgage lenders early — unpaid mortgages typically must be paid from sale proceeds.
• If a co‑owner is missing, the court can require public notice or appoint a curator to protect that party’s interest.
• Talk to an attorney early to avoid mistakes in pleadings and service that can delay the action.