Detailed Answer — Process, rights, and what to expect

This section explains the typical Louisiana court process when co-owners disagree and the court appoints a commissioner to manage a private sale of a co-owner’s share. This is a general overview and does not replace legal advice.

1. Starting the partition action

Any co-owner can sue for partition (to end indivision). The plaintiff files a partition action in the appropriate civil court asking the judge to divide the property in kind (divide the property physically) or by sale if a physical division is not feasible or would be inequitable.

2. Judge decides between partition in kind and sale

The judge will consider whether the property can be fairly divided without destroying value. If division in kind is not practical (for example, a single-family home), the judge can order the property sold. The sale may be public (licensed auction or licitation) or, in some cases, a private sale handled by a court-appointed commissioner if the court finds that a private sale is appropriate and will reasonably protect the co-owners’ interests.

3. Appointment and role of the commissioner

The court appoints a commissioner (sometimes called an appointee or commissioner of sale) and gives written instructions: timelines, minimum acceptable price, required notices, how offers are handled, and when the commissioner must report to the court. The commissioner’s duties typically include:

• Valuing the property, often using appraisals or market research.
• Marketing the property to potential buyers to obtain offers.
• Collecting and evaluating offers according to the court’s directions.
• Accepting a voluntary sale within the parameters set by the judge (for example, only above a set minimum price), or reporting unsuccessful attempts to the court.
• Submitting a written report to the court that describes offers received, sale terms, and recommendation.

4. Notice and opportunity to object

Co-owners receive notice of the commissioner’s activity and of any proposed sale. They have the right to object to the commissioner’s report and to the sale terms. Objections typically must be filed within the timeline set by the court. The judge then rules on any objections before approving or rejecting the sale.

5. Court approval and confirmation of sale

The commissioner cannot complete a binding private sale without court approval. After the commissioner files the report and sale paperwork, the court reviews whether the sale was fair, whether the price is reasonable, and whether the sale conformed to the court’s order. If the judge approves, the court will confirm the sale and order distribution of proceeds.

6. Distribution of proceeds and liens

After confirmation, sale proceeds pay valid liens (mortgages, taxes, and other encumbrances) according to their legal priority. The remaining net proceeds are divided among co-owners according to their ownership share. If the property sale does not fully pay liens, co-owners may remain liable to the extent of their shares.

7. Special protections and standards the court will apply

The court examines whether:

• The sale process was conducted in good faith.
• The property was marketed reasonably to reach a fair price.
• The proposed sale price represents fair market value under the circumstances.
• All required notices were sent and co-owners had an opportunity to object.

8. Options for co-owners who disagree

Co-owners have several practical options during the process:

• Buy out the other co-owner’s share by submitting a written offer or asking the court to allow purchase before sale.
• Object to the commissioner’s report or to the sale if they believe the sale price is unreasonably low or the procedure was defective.
• Request an independent appraisal or propose alternative marketing steps to increase the sale price.
• Negotiate with other co-owners (settlement) to avoid sale.

9. Timeline — how long it can take

Tentative timelines vary: initial partition pleadings and service take weeks to months. Appointment of a commissioner, marketing, and offers can add several months. Court approval adds additional time. Complex title issues, liens, or disputes can extend the process further.

10. Practical tips on evidence to present

If you object to a private sale or want to protect your interest, collect and present:

• Recent professional appraisals.
• Comparable sales (MLS data) showing market value.
• Records of marketing efforts (ads, showings, offers).
• Title documents showing mortgages, liens, easements.
• Repair estimates if condition affects value.

Courts will weigh this evidence when deciding whether to approve the sale.

Where to find Louisiana statutes and official text

For the official text of Louisiana laws and procedural rules regarding partition, use the Louisiana Legislature’s website law search tool: https://www.legis.la.gov/Legis/LawSearch.aspx. Search terms like “partition,” “commissioner of sale,” or “licitation” will return the relevant provisions in the Louisiana Civil Code and the Louisiana Code of Civil Procedure.

Helpful Hints — Practical steps and strategies

• Hire an attorney experienced in Louisiana partition law to protect your rights and meet court deadlines.
• Get a current, licensed appraisal early so you can challenge low offers with evidence.
• Keep careful records of any offers, communications, and marketing done by the commissioner.
• If you want to keep the property, prepare a written buyout offer and bring financing documents to court to show ability to buy.
• Monitor commissioner activity closely; object promptly if the procedure violates the court’s order or seems unfair.
• Ask the court for clear sale parameters (minimum price, marketing steps, required disclosures) before the commissioner starts selling.
• Understand that liens and mortgage priority affect what you ultimately receive from sale proceeds; obtain payoff statements early.
• Consider mediation or negotiated settlement with co-owners to avoid the cost and time of a contested partition sale.