How to buy out your siblings’ interests in a co-owned Louisiana home — FAQ

Quick answer: To keep the home you co-own with siblings, determine each owner’s legal share, get a current appraisal and title search, agree on a buyout price or formula, document the purchase in a written agreement, complete a proper conveyance (usually through a notarial act) and record the change in the conveyance records. If negotiation fails, you can force a partition action in court that may result in a sale and division of proceeds. This article explains the practical steps, documents, risks, and options under Louisiana law.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice tailored to your facts and to prepare or review legal documents, consult a Louisiana attorney.

1. Understand the legal starting point: co-ownership (indivision)

In Louisiana, multiple people who own the same immovable (land or house) without dividing their interests hold property in indivision (co‑ownership). Each co-owner has a fractional share and certain rights to possession and use. Because Louisiana uses a civil-law framework, rules about indivision, partition, and transfers differ from other states, so it helps to confirm exactly how title is held (joint owners, heirs, community property, etc.). For primary source law on co‑ownership and partition, see the Louisiana Legislature’s statutes and civil code resources (search “co-ownership” or “partition”): https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition.

2. Step-by-step: how to buy out your siblings

Step A — Confirm ownership and each person’s share

Order a title search or copy of the recorded deed from the parish conveyance or clerk’s office. The deed or succession records will show owners and how shares are described.
If the home is part of a probate succession, determine whether heirs own full title or whether the succession is still open. That affects how transfers proceed.

Step B — Get a current market appraisal and understand liens

Hire a licensed appraiser to establish fair market value. Use the appraised value to calculate each owner’s share.
Obtain a payoff demand for any mortgages, tax liens, or other encumbrances. Your buyout must account for outstanding debt attached to the property.

Step C — Negotiate the buyout terms

Decide whether you will pay cash, assume mortgage debt, or refinance. If you assume a mortgage, lender approval may be required.
Agree whether buyout equals each sibling’s pro rata share of appraised value less liens, or use another formula (e.g., discount for quick sale, credit for repairs or improvements).
Put all terms in writing: purchase price, payment schedule, who pays closing costs, date of transfer, and any warranties or representations.

Step D — Prepare written sale agreement and legal conveyance

Draft a sale agreement or unconditional transfer document. Because Louisiana real estate transfers of immovables typically require proper formalities and recording, you should have the conveyance prepared or reviewed by a notary or attorney.
Execute the sale by the required form (often an authentic act prepared and notarized) and record the instrument in the parish conveyance records to update title.

Step E — Close, record, and update records

Pay the agreed sum or follow the closing instructions (escrow or notary closing). Obtain a receipt or settlement statement showing distributions to siblings.
Record the deed or sale instrument in the clerk or recorder’s office. Update homestead or exemption claims if applicable.

3. If siblings refuse to sell: partition action (court-ordered solution)

If one or more co‑owners refuse to agree to a buyout, Louisiana law allows a co‑owner to file an action for partition. In many cases the court will order either a physical division (rare for houses) or a sale of the property with proceeds divided among owners according to their shares. A partition action is costly, can take months, and often results in a forced sale rather than preserving the property for a single owner.

To research statutory guidance on partition procedures and remedies in Louisiana, see the Legislature’s resources (search “partition action” or “indivision”): https://www.legis.la.gov/Legis/LawSearch.aspx?search=indivision.

4. Documents and information you will need

Current deed and chain of title documents.
Mortgage statements, payoff demands, tax bills, and homeowners association documents.
Appraisal report and any inspection reports.
Written buyout agreement (purchase contract) and closing statement.
Identification and any estate or succession documents if title passed through probate.

5. Tax and financing considerations

Refinancing to remove siblings from the mortgage may require a new loan in your name; consult lenders early.
Buying out siblings may trigger capital gains or transfer tax consequences—keep records of basis, improvements, and succession adjustments. Consult a tax advisor for specifics.

6. Practical tips to improve chances of a smooth buyout

Start with a neutral appraisal and share the results to reduce disputes.
Offer multiple payment structures (lump sum, seller financing, installments) to make the buyout affordable.
Use a neutral notary to prepare and record documents; Louisiana notaries play an important role in immovable transfers.
Keep written records of all offers and payments.
If relationships are strained, consider mediation before litigation.

Helpful Hints

Verify exactly how title is held (deed language matters). If the property was transferred in a succession, the executor or succession documents may control.
Get professional valuations rather than relying on online estimates for an accurate buyout figure.
Confirm whether any co-owner has a homestead or other statutory protection that affects sale or distribution.
Record the sale promptly to protect the new title from claims by third parties or future creditors.
Before assuming a mortgage, get the lender’s approval in writing so the lender releases prior co-owners from liability where possible.
If a sibling lives in the home, decide how to account for improvements, rent, or credit for occupancy in the buyout price.

When to talk to a Louisiana attorney

Speak with a Louisiana lawyer if any of the following apply: co-owners disagree on value or procedure; the title is unclear; there are succession issues; you need to draft a tailored buyout agreement; a mortgage needs to be refinanced or released; or you anticipate a partition suit. An attorney can prepare transfer documents, advise on notarial formalities and taxes, and represent you in court if necessary.

For statutory references and to read the civil code provisions that govern indivision and partition, search the Louisiana Legislature’s site for “indivision,” “partition,” and “co-ownership” at: https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition and https://www.legis.la.gov/Legis/LawSearch.aspx?search=indivision.

If you want, provide more details about ownership (deed language, mortgages, whether the property is part of a succession) and I can outline likely next steps and a checklist for your buyout negotiation.