Detailed Answer — Forcing a Sale When Heirs Refuse to Agree (Louisiana)
Short answer: Yes. Under Louisiana law, a co-owner (including an heir who inherits ownership) can generally force a judicial partition of property when other co-owners refuse to agree, mediate, or sign off. The court can divide the property (partition in kind) if it can be divided fairly, or order a public sale (licitation) and divide the proceeds among the co-owners when division in kind is impractical. The process is started by filing a partition action in civil court.
How the process works
- Who may file: Any co-owner may file a petition asking the court to partition the property. That includes heirs who received ownership through succession.
- Mediation and ADR: Courts often encourage or may even order mediation or settlement conferences, but refusal to mediate does not generally stop a partition action. A court-ordered ADR refusal could lead to cost-shifting or other case-management consequences, but it does not eliminate a co-owner’s right to seek partition.
- Partition in kind vs. licitation (sale):
- If the property can be divided without seriously impairing value (for example, several distinct lots), the court may order a partition in kind assigning portions to each co-owner.
- If the property cannot be practically divided (a single-family home on one lot, for example), the court can order sale by licitation — a public sale — and divide the sale proceeds among the co-owners according to their shares.
- Appraisals and commissioners: The court commonly appoints appraisers or commissioners to value the property and recommend whether partition in kind is feasible. If licitation is ordered, the court supervises the sale process and the distribution of proceeds.
- Protection for possessory rights and encumbrances: If one co-owner is in exclusive possession, the court can address rents, use, or waste. Mortgages, liens, taxes, and other encumbrances are taken into account in dividing proceeds.
- Minor or absent heirs: If heirs are minors, legally incapacitated, or not located, the court takes steps to protect their interests (appointment of a curator or guardian, notice by publication, bonding, etc.).
What happens if an heir simply refuses to sign or cooperate?
Refusal to sign documents or participate in negotiations does not prevent a partition action. Once a partition suit is filed, the court has the authority to bind non-cooperating co-owners by its order. Practical consequences of refusal include extra time and cost (service, court appearances, appraisals, sale expenses) and possible court-ordered sanctions or fee awards if the refusal violates discovery or court orders.
Practical considerations and limits
- If a co-owner has an equitable reason to block sale — for example, claims of fraud, that the will did not give the property to the person, or competing title claims — the court will first resolve those disputes before ordering sale.
- If the property is a homestead or protected by special family rights, additional statutory protections or procedures can apply. Louisiana has particular protections around family property and rights of usufruct that may affect partition; these issues should be raised early in the case.
- Creditors’ claims, existing mortgages, and taxes generally remain attached to the property; at sale, liens and encumbrances are typically paid out of proceeds in priority order.
- Costs: Partition actions can be expensive. Sometimes it is economically better to negotiate a buyout or settlement (one heir buys the others’ shares) than to litigate to sale.
Relevant Louisiana law (where to look)
Partition procedure in Louisiana is governed by the Code of Civil Procedure provisions on partition actions (see the Code of Civil Procedure’s partition provisions). For the general law on co-ownership, see the Louisiana Civil Code provisions on co-ownership and related rights. You can review the statutes and text through the Louisiana Legislature website:
- Louisiana Code of Civil Procedure (partition actions): https://legis.la.gov/Legis/LawSearch.aspx?type=Code%20of%20Civil%20Procedure
- Louisiana Civil Code (co-ownership and related property rules): https://legis.la.gov/Legis/LawSearch.aspx?type=Civil%20Code
When to consult an attorney
If any of the following apply, you should talk to a Louisiana property or succession attorney before filing anything:
- There are disputes about title, wills, or who the legal heirs are.
- The property is subject to mortgages, liens, or tax issues.
- One or more heirs are minors or legally incapacitated.
- You want to negotiate a buyout, need a valuation, or want help preparing a partition petition.
Bottom line: You generally can force a judicial sale (licitation) in Louisiana if co-owners refuse to agree. The court will follow statutory partition procedures to decide whether to divide the property or order a sale and then distribute proceeds. Refusing mediation or refusing to sign does not, by itself, stop a partition action.
Helpful Hints
- Gather documentation first: deed/title, death certificate, succession documents, mortgage statements, property tax records, insurance, and any wills or codicils.
- Obtain a recent appraisal or at least market comparables to understand likely value and whether partition in kind is feasible.
- Talk to the heir refusing to cooperate — sometimes a structured buyout or payment schedule works and is far cheaper than litigation.
- File for partition in the parish where the property is located. Expect appraisers, a possible court-ordered sale, and expenses that reduce net proceeds.
- If minors or incapacitated persons are involved, petition the court early to appoint a guardian or curator to protect their share.
- Be aware of deadlines, notice requirements, and the need to serve all known heirs and lienholders properly.
- Consider alternative dispute resolution early. While refusal to mediate usually won’t stop a partition suit, a successful mediation can save significant time and money.
Disclaimer: This article explains general principles of Louisiana law and is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Louisiana attorney.