Quick answer

If a co-owner refuses to agree to divide jointly owned property in Louisiana, you can ask a court to force a partition. You will file a petition for partition in the district court in the parish where the immovable (real) property is located. The court will try to divide the property in kind if practicable; if not, it will order a sale (licitation) and divide the proceeds among the co-owners after paying liens and costs. This article explains the step-by-step process under Louisiana law, practical preparation, likely outcomes, and helpful next steps.

Important disclaimer

This is general information only and is not legal advice. I am not a lawyer. Consult a licensed Louisiana attorney about your specific situation before taking legal action.

How partition works in Louisiana (basic legal principles)

Under Louisiana law, co-owners (owners in indivision) may seek judicial partition of jointly owned property. The preferred result is partition in kind—physically dividing the property so each owner receives a portion. If physical division is impracticable or would substantially reduce value, the court will order partition by sale (licitation) and distribute the sale proceeds among the co-owners according to their shares. The court also supervises valuation, appointment of commissioners or appraisers, handling of liens, and distribution of costs.

For statutory and procedural rules governing partition and related procedure, see resources on the Louisiana Legislature website (search results for partition and co-ownership):
Louisiana laws and procedure (search: partition) and
Louisiana laws (search: co-ownership).

Step-by-step: How to start a partition action in Louisiana when the other co-owner refuses

Confirm you have standing and determine the property type.

Only a co-owner (owner in indivision) or someone claiming an interest in the property can file for partition. Identify whether the property is immovable (real property/land and buildings) or movable; partition rules and the court where you file differ. Most partition disputes over land, houses, and immovables use the district court in the parish where the property is located.
Try a written demand first.

Before filing suit, send a clear written demand for partition and state the relief you want (division, sale, buyout). Keep a dated copy. Courts consider good-faith attempts to settle and this can strengthen your position or provide evidence of refusal.
Collect key documents and facts.

Gather deeds, the act of co-ownership, mortgage statements, property tax records, leases, survey(s), recent appraisals, insurance policies, and any written agreements between co-owners. Identify all persons with recorded or known interests (spouses, successors, lienholders). A clear title history speeds the case.
Decide whether to hire a Louisiana attorney.

Partition can raise complex issues: valuation, lien priority, community property claims, successions, servitudes, and exemptions. An attorney experienced in Louisiana property and civil procedure can draft the petition, advise on claims (e.g., accounting of rents, injunctions to prevent waste), and represent you in court. If you go pro se, follow local district court rules closely.
Prepare and file the petition for partition in the correct court.

Your petition should identify the property, describe each co-owner and their claimed share, state why partition is requested (co-owner refuses), request partition in kind or, if impracticable, partition by sale/licitation, and seek appointment of commissioners/appraisers and any interim relief (e.g., injunction against removal of improvements or a rule to provide an accounting of rents). File in the district court for the parish where the immovable is located. Include all known parties and interested lienholders as defendants so the judgment will bind them.
Serve all parties and lienholders.

After filing, ensure proper service of process on all co-owners and any other parties with recorded interests. If a co-owner cannot be located, the court provides procedures for service by publication or appointment of a curator in certain situations. Failure to join necessary parties can delay the action.
Ask for interim relief if needed.

If the property faces imminent damage, removal of fixtures, unauthorized leasing, or concealment of assets, request temporary injunctive relief or a sequestration to preserve the property until the court resolves the partition.
Valuation, division, or licitation.

If the court orders partition in kind, it will appoint commissioners/appraisers to divide the immovable into portions in keeping with co-owners’ shares when practical. If division is impracticable or would destroy value, the court will order a judicial sale (licitation). The sale proceeds pay mortgages, other liens, taxes, court costs, and then are distributed among co-owners according to their shares.
Final judgment and distribution.

The court issues a final judgment describing the division or sale and directing distribution of proceeds. The judgment will typically address payment of liens and costs, allocation of attorneys’ fees if requested and permitted, and recordation to clear title to the newly allocated shares or the purchaser after sale.
Appeals and enforcement.

Either party may have appeal rights. After judgment becomes final, take steps to record orders, obtain writs (e.g., writ of fieri facias to enforce sale), and complete transfers to clear title for purchasers or co-owners who received property by division.

Special issues to watch for in Louisiana

Louisiana uses parish courts (district court), not counties; file where the immovable is located.
Mortgages and other liens generally attach to the property; a forced sale will pay lienholders first from sale proceeds. Verify lien priority before settlement or sale.
Community property and succession claims can complicate ownership and shares—determine whether any co-owner’s interest is subject to a community or succession estate.
If co-owners have unequal contributions or agreement on unequal shares, the petition should explain the claimed shares and provide evidence.
Courts prefer partition in kind when equitable and feasible; sale is the fallback if division lowers value or is impractical.

Typical timeline and costs

Timelines vary. Simple partitions can take several months; contested cases with valuation disputes, lien priority fights, or appeals can take a year or more. Expect costs for filing fees, service, appraisers/commissioners, possible advertising for licitation, and attorney fees. If the contest involves buying out a co-owner, a negotiated settlement may save time and costs.

Sample hypothetical to illustrate

Imagine three siblings own a house in New Orleans parish in indivision. One sibling lives overseas and refuses to agree to sell. The other siblings send a written demand and then file a petition for partition in the district court where the house is located. The petition names the overseas sibling and the mortgage holder. The court appoints appraisers. The court finds physical division impractical and orders licitation. The house sells at public sale, mortgage and taxes are paid from proceeds, and the net proceeds are distributed among the three siblings per their shares.

Helpful hints

Start by documenting ownership: get certified copies of deeds, tax bills, and any written agreements.
Send a clear, dated written demand for partition before filing; courts view negotiation attempts favorably.
Identify and notify mortgagees and recorded lienholders early; unresolved liens affect outcomes.
Order a current appraisal and property survey if you plan to seek partition in kind or to support a buyout offer.
Consider mediation or a buyout offer before litigation to save time and costs—courts often expect parties to try settlement.
If a co-owner wastes or removes assets, ask the court quickly for a temporary injunction or sequestration to preserve value.
Keep good records of rents, repairs, and expenses; the court may require accounting and adjust distributions accordingly.
Work with a Louisiana attorney familiar with parish court practice for procedural steps, service rules, and local costs.

Where to learn more and find a Louisiana attorney

For statutory text and procedural rules, use the Louisiana Legislature website search links above. For help finding counsel, contact your local parish district court clerk for information about filing and public attorney referral resources, or the Louisiana State Bar Association for referrals.

Final note

Partition actions are a common way to resolve disputes between co-owners who cannot agree. Proper preparation—clear documentation, good notice to lienholders, and thoughtful consideration of buyouts or mediation—often reduces cost, time, and risk. Speak with a Louisiana-licensed attorney to evaluate your facts and proceed appropriately.