Can heirs keep the family home instead of selling it? (Louisiana FAQ)

Short answer: Yes—often heirs can keep the house without a sale, but only if the heirs agree on a plan (buyout, refinancing, co-ownership agreement, or partition in kind). If one or more heirs refuse, any co-owner can ask a court for a forced partition (usually a public sale) under Louisiana law.

Disclaimer

This article is informational and educational only. It is not legal advice. For guidance about your specific situation, consult a licensed Louisiana attorney.

How ownership among heirs works in Louisiana (basic concepts)

When someone dies and real property passes to multiple heirs, each heir generally owns an undivided fractional interest in the property (for example, three equal 1/3 shares). That means each owner has the right to possess the whole property but only a share of the value. Co-ownership creates rights and duties that apply until the property is partitioned or otherwise transferred.

Louisiana law provides procedures for partition if co-owners cannot agree. For an overview of statutory provisions and practice in Louisiana, see the legislature’s resources on partition and succession: search results for “partition” (La. legis) and search results for “succession” (La. legis).

Ways heirs can keep the house (and how they work)

1) Agree on a buyout (most common and simplest)

One or more heirs who want the house can buy out the others. Typical steps:

• Get a current appraisal or market valuation of the house.
• Calculate each heir’s share of value (for example, 1/3 each).
• The buyer(s) pay the other heirs their shares, usually with cash or a mortgage/refinance, and the sellers sign deeds transferring their share(s).
• Record the deed(s) and update title and mortgage as needed.

Advantages: fast, preserves the home, avoids court costs. Disadvantages: requires financing or cash to pay the other heirs.

2) Refinance or take out a loan in one heir’s name

If the heir keeping the house can qualify for a mortgage, he or she can refinance the property in that heir’s name and use loan proceeds to buy out co-heirs. Make sure the estate’s debts and succession formalities are resolved so title can be cleared for refinancing.

3) Agree to co-own long term with a written co-ownership agreement

Heirs can remain co-owners and draft a written agreement about who pays taxes, insurance, maintenance, and what happens if one owner wants out later. A formal written agreement reduces future disputes and is strongly recommended if co-ownership will continue.

4) Partition in kind (rare for a single house)

Partition in kind means physically dividing property so each owner gets a portion. This can work for large tracts of land but is usually impractical for a single-family house on one lot. If feasible and fair, the court may order partition in kind.

5) Court-ordered partition by licitation (forced sale)

If heirs cannot agree, any co-owner may file a partition action in the appropriate Louisiana district court. If the court finds partition in kind is not feasible or equitable, it will order partition by licitation, meaning the property is sold at public auction and sale proceeds are divided among the co-owners. See Louisiana’s statutes and procedural rules on partition and licitation at the legislature’s site: partition (La. legis).

Practical steps to try to keep the house

1. Open communication: gather all heirs, discuss options early.
2. Get an appraisal or market analysis to set a fair buyout number.
3. Confirm whether the succession (probate) is complete and whether there are liens or debts on the property—these affect who can refinance and how proceeds are split.
4. Consider refinancing or obtaining a loan to pay other heirs.
5. Use a written buy-sell agreement or co-ownership agreement prepared or reviewed by a Louisiana attorney to avoid future disputes.
6. If an agreement is impossible and you want to stop a forced sale, consult an attorney immediately; there may be defensive motions or settlement options.

What to expect in court if partition is filed

Partition actions are filed in civil court. The judge will examine whether the property can be divided physically, whether an equitable division is possible, and whether sale is required. If the court orders sale by licitation, the property is auctioned and proceeds distributed after payment of costs and debts. A court-ordered sale can lead to outcomes heirs do not want, so it is often a catalyst to settle before the auction.

For procedural details and the framework under Louisiana law, consult official materials at the Louisiana Legislature: partition statutes and rules.

Common problems and how to handle them

• Disagreeing heirs: propose mediation or a neutral valuation to reach a buyout.
• Insufficient funds: explore loans, seller financing between heirs, or staged buyouts (installments) if heirs agree.
• Title problems or estate debts: resolve succession and liens before refinancing; an attorney can help clear title.
• Tax and insurance obligations: make sure taxes and insurance are current to avoid liens and protect the property’s value.

Checklist for heirs who want to keep the house

• Obtain a professional appraisal.
• Gather death certificate, will (if any), and succession documents.
• Get a title search to identify liens or mortgages.
• Decide whether to refinance, take a loan, or arrange a private buyout.
• Draft and record necessary deeds and agreements with the help of an attorney or title company.
• Resolve tax, insurance, and maintenance responsibilities in writing.

When to get a Louisiana attorney

Seek legal help when heirs disagree, when the estate has debts, when title problems exist, or before filing or defending a partition action. An attorney can prepare buyout agreements, draft deeds, negotiate settlement, and represent you in court. For statutes and official reference, see Louisiana’s legislative site on succession and partition: succession (La. legis) and partition (La. legis).

Hypothetical example

Three siblings inherit a house valued at $300,000 (each owns 1/3). One sibling wants to stay and keeps the house by refinancing a mortgage for $200,000, paying $100,000 to the other two siblings ($50,000 each). The other siblings accept, sign deeds conveying their shares, and the sibling who keeps the house records the new deed and mortgage. If one sibling had refused, the staying sibling could have faced a court-ordered sale.

Helpful Hints

• Communicate early and in writing. Early agreement prevents costly litigation.
• Obtain a professional appraisal to avoid disputes over value.
• Consider mediation before filing suit—mediators often help preserve the property for one heir.
• Clear any estate debts and liens before attempting refinancing or transfer of title.
• Use a written agreement to document responsibilities if you continue co-ownership.
• Remember that a court can order a sale if co-owners cannot agree—so settlement is usually in everyone’s interest.

If you want, I can outline sample language for a buyout agreement, a checklist of documents to bring to an attorney, or examples of questions to ask lenders when refinancing. Would you like one of those?