Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Under Louisiana law, a co-owner can force the sale of jointly owned property through a partition proceeding. To begin, a co-owner files a petition for partition in the district court of the parish where the property lies. (See La. Code Civ. P. art. 4631.) The petition must identify all co-owners and describe the property clearly.
Once the court issues a citation, it appoints three impartial appraisers to value the property. If dividing the property into separate physical lots (partition in kind) is practical and fair, the court orders that division. (See La. Code Civ. P. art. 4637.)
If an in-kind partition would impair value, is impracticable, or would lead to unequal shares, the court orders a sale by licitation (forced sale). (See La. Code Civ. P. art. 4644.) The property then goes to public auction under the court’s supervision. After the sale, the court deducts costs, mortgages, and liens, and distributes the net proceeds to co-owners in proportion to their ownership interests.
Helpful Hints
- Gather all deeds, titles, and mortgage documents before filing.
- Attempt negotiation or buyout offers with co-owners to avoid litigation costs.
- Be prepared to advance appraisal and court costs; the court allocates them later.
- Check for liens, taxes, or mortgages that may affect net proceeds.
- Consult a local attorney to review your petition and verify service requirements.