Louisiana: What to Do When an Heir Refuses to Leave or Sell Their Share of Inherited Property
Detailed Answer Short summary: In Louisiana, when multiple heirs inherit property and one heir lives in the property and refuses to move out or to sell, the other heirs have a few options: negotiate a buyout, seek a court-ordered partition (which can result in physical division or a forced sale called licitation), or pursue other […]
Read article →Louisiana: Your Options If a Co-owner Asks the Court Only to Sell the House (No Buyout Terms)
Short answer If a co-owner asks a Louisiana court only to sell a house (asks for a judicial sale) and does not propose buyout terms, you still have several options: oppose the sale and ask for partition in kind, ask the court to set buyout procedures or an appraisal, seek a temporary stay of any […]
Read article →Risks of Granting a Life Estate (Usufruct) Instead of Selling Property — Louisiana
Detailed Answer — What granting a life estate (usufruct) means in Louisiana and the main risks In Louisiana, the civil-law equivalent of a common-law “life estate” is typically created as a usufruct (the right to use and enjoy a thing and collect its fruits) while someone else keeps naked ownership (bare ownership). Granting the other […]
Read article →Refinancing and Buying Out a Co-Owner in Louisiana: Step-by-Step Guide
Detailed Answer Short answer: In Louisiana, refinancing to buy out a co-owner typically means (1) confirming who legally owns the property, (2) agreeing on a buyout price or getting a court partition, (3) arranging a new mortgage or loan in the buyer’s name, and (4) using the refinance proceeds to pay the other owner and […]
Read article →How to Force the Sale of Co-Owned Property in Louisiana
Detailed Answer Short answer: Under Louisiana law, a co-owner can ask a court to force partition of jointly owned property. If the court finds that dividing the property in kind is impractical or would cause prejudice, it can order sale by licitation (public sale) and divide the proceeds among owners. The process begins by filing […]
Read article →Louisiana: Options to Divide or Force Sale of Co-Owned Farmland When Heirs Disagree
When heirs can’t agree on co-owned farmland: Louisiana options and next steps Not legal advice. This article explains common Louisiana procedures and options. Consult a Louisiana attorney for advice about your situation. Detailed answer — How Louisiana law handles division and forced sale of jointly owned land When multiple heirs co-own farmland and they cannot […]
Read article →How to Start a Partition Action in Louisiana When a Co-Owner Refuses to Agree
Quick answer If a co-owner refuses to agree to divide jointly owned property in Louisiana, you can ask a court to force a partition. You will file a petition for partition in the district court in the parish where the immovable (real) property is located. The court will try to divide the property in kind […]
Read article →Louisiana: Forcing a Partition Sale of an Inherited House
Detailed answer Important disclaimer: This is educational information, not legal advice. Laws vary by situation. Consult a licensed Louisiana attorney before taking action. Overview — what generally happens when heirs co-own a house When a decedent’s property passes to two or more heirs, those heirs become co-owners of the immovable (real) property. Co-owners have the […]
Read article →Defending a Partition Action to Force Sale of an Inherited Home — Louisiana
FAQ: How can I defend against a partition action when a co‑tenant files to force sale of our inherited home? Short answer: In Louisiana you have several procedural and substantive defenses and response options: you can oppose a forced sale by asking for partition in kind (if the property can be divided), seek a buyout, […]
Read article →Louisiana: What Happens If a Co‑Tenant Refinances or Takes a Home Equity Loan Without Your Approval
Can a co‑owner refinance or take a home equity loan on inherited property without your consent? Quick answer Under Louisiana law, when multiple people inherit property and hold it in indivision (co‑ownership), one co‑owner generally cannot validly mortgage the entire property without the consent of the other co‑owners. A co‑owner may try to encumber their […]
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