Understanding and Starting a Partition Lawsuit in Louisiana

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Louisiana attorney before taking legal action.

Detailed answer — how partition suits work in Louisiana and how to start one

If you co-own inherited land with relatives who refuse to agree to a division or sale, you can ask a civil court in Louisiana to force a division. That court action is called a partition suit. Louisiana law allows any co-owner to bring a partition action to divide property either physically (“partition in kind”) or by sale at public auction (“partition by licitation”) when physical division is not practical.

Who may file

Any co-owner of the property — including heirs who received ownership by inheritance, legatees with ownership, or persons holding title with others — may file a partition action. If an owner is a minor or legally incapacitated, a tutor or curator may be required to represent their interest in court.

Types of partition

Partition in kind: The court divides the land into separate parcels so each owner receives a portion corresponding to their ownership share.
Partition by licitation (sale): If dividing the land fairly is impractical or would materially decrease value, the court orders a public sale and divides the proceeds among owners according to shares.

Basic steps to start a partition suit in Louisiana

Identify the owners and interests. Determine who holds title or has a legal interest (owners, heirs, legatees, usufructuaries). Gather deeds, the succession judgment (if applicable), wills, and any title documents.
Choose proper venue. File in the parish where the property is located. Louisiana procedural rules require filing in the parish of the immovable.
Prepare a petition for partition. The petition (complaint) should state: your interest and share, the names and addresses of all co-owners or heirs, description and location of the property, whether you request partition in kind or by licitation, and any facts about improvements, liens, or encumbrances. You should ask the court for an accounting if rents, taxes, or maintenance expenses are disputed.
Serve all co-owners and interested parties. Every co-owner, holder of a usufruct, mortgagee, and other persons with recorded interests must be made a party and served. If some heirs are unknown or unlocatable, the petition must explain this so the court can allow publication or other substituted service.
File proofs and requests for preliminary issues. You may request the court to appoint a surveyor or appraiser to determine whether an in-kind partition is possible and to value the property. The court can order a partition plan, an accounting, or a licitation sale based on evidence and expert appraisal.
Attend hearings and comply with court orders. The court will consider evidence (surveys, appraisals, title records, testimony) and decide whether to divide the land or order a sale. If a sale is ordered, the court supervises the public auction (licitation) and distribution of proceeds, after paying liens, costs, and expenses.

Common issues in Louisiana partition cases

When is partition in kind denied? The court may deny in-kind division when parcels cannot be reasonably divided without materially diminishing value, or when physical division interferes with rights of way, easements, or causes impractical shapes/sizes.
Liens, mortgages, and creditors: Mortgages and recorded liens typically remain attached to the property or must be satisfied from sale proceeds before owners receive their shares.
Usufruct and life estates: If someone holds a usufruct or life estate, the court will account for that interest. Bare ownership and usufruct interests affect distribution and possibly the timing of sale.
Improvements and contributions: Co-owners who contributed to improvements, taxes, or mortgage payments may be entitled to reimbursement or adjustment in the final accounting.
Minors and incapacitated owners: A guardian or curator must represent their interests; the court will scrutinize transactions for fairness and may require additional safeguards.

Statutory authority and where to look

Partition actions and procedures are governed by Louisiana procedural and civil law. Relevant provisions appear in the Louisiana Code of Civil Procedure and Civil Code addressing co-ownership and partition. For statutory language and procedural rules, consult the Louisiana Legislature website:

Louisiana Code of Civil Procedure (partition rules): https://legis.la.gov/Legis/LawSearch.aspx (search “partition” or articles around 4631–4650 for partition procedures)
Louisiana Civil Code (co-ownership and division of things): https://legis.la.gov/Legis/LawSearch.aspx (search “co-ownership” or “partition”)

Practical timeline and costs

Timeline varies: preparing the petition and serving all parties can take weeks to months. If parties contest title, values, or division methods, the case can take one year or longer to resolve. Expect costs for filing fees, service, surveys, appraisals, attorneys’ fees, and court-ordered auction expenses. The court may award or apportion costs among parties based on outcomes and fault.

Hypothetical example

Suppose three siblings inherit a 60-acre tract equally. Two siblings want to sell; one insists on keeping the entire tract. One sibling files a partition suit in the parish where the land sits, asking the court for partition by licitation because a practical equal physical division is infeasible. The court appoints an appraiser, determines sale is necessary, orders a public auction, pays off a mortgage from proceeds, deducts costs, and distributes the net proceeds equally to the three heirs.

Helpful hints

Collect and copy all title, succession, and property records before filing. A clear paper trail avoids delays.
Try mediation early. Courts often encourage settlement; a negotiated buyout or agreed sale saves time and expenses.
Get a survey and at least one professional appraisal to show whether an in-kind partition is practical and to establish fair market value.
Notify mortgage holders and lien claimants early so liens can be addressed in the partition judgment or sale proceeds.
If some heirs are missing or unknown, ask the court for instructions about substituted service or notice by publication — courts will allow reasonable efforts to locate parties before proceeding.
Keep records of your payments for taxes, insurance, and improvements—these may be credited at final accounting.
When minors are involved, expect additional court oversight and possible bond or judicial authorization before any transfer or sale.
Talk to at least one Louisiana attorney experienced in partition and succession matters. Even a single consultation can clarify strategy and local parish practices.

If you want, I can outline a simple petition checklist and a sample short timeline tailored to your parish or describe how mediation or buyout calculations typically work in Louisiana.