Partition Actions in Louisiana | LA Legal Resources | FastCounsel

Keeping the Family Home in Louisiana: Can Heirs Avoid Selling?

Can heirs keep the family home instead of selling it? (Louisiana FAQ) Short answer: Yes—often heirs can keep the house without a sale, but only if the heirs agree on a plan (buyout, refinancing, co-ownership agreement, or partition in kind). If one or more heirs refuse, any co-owner can ask a court for a forced […]

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Louisiana: Who Pays for a Property Survey When Co-Owners Disagree?

When co-owners disagree about paying for a property survey: an explanation for Louisiana owners Detailed answer — who usually pays and what happens when owners disagree When two or more people own the same piece of property in Louisiana (ownership in indivision), routine costs for maintaining or protecting the property are normally shared by the […]

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Partition Actions in Louisiana When a Co-Owner Is Adjudicated Incompetent

How a Partition Action Works in Louisiana When a Co-Owner Is Adjudicated Incompetent This FAQ-style article explains, in plain language, the usual process for pursuing a partition (division or forced sale) of real property in Louisiana when one co-owner has been adjudicated incompetent and a court-appointed guardian (tutor/curator) represents that person. This is an educational […]

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How to Start a Partition Action in Louisiana: Steps to Divide or Sell Real Estate

How to start a partition action in Louisiana Quick overview: When co‑owners of real estate cannot agree about dividing or selling the property, Louisiana law lets one or more co‑owners ask a court to partition the property (divide it among owners) or order its sale and division of the proceeds. Detailed answer — step by […]

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Louisiana: How to Buy Out Siblings’ Interests in a Co-Owned Home

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 […]

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Louisiana: Can I Force a Sale of Family Property? (Partition and Licitation Explained)

How forced sales (partition by licitation) work under Louisiana law Detailed Answer — What happens when some relatives want to sell but others refuse? When people own real estate together in Louisiana (for example, siblings inheriting a house), Louisiana law gives each co-owner the right to seek partition. A partition is a court action that […]

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Louisiana: Your Rights When a Co-Owner Lives in the Property Under a Life Tenancy (Usufruct)

Understanding your rights when a co-owner occupies property under a life tenancy (usufruct) in Louisiana Short answer: In Louisiana, a person with a life tenancy (called a usufructuary) generally has the right to possess and use the property during the life tenancy. A co-owner who does not hold the usufruct (the "naked owner" or remainder […]

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Louisiana — Can a Life Tenant Live in the House During a Partition?

Living on a Property as a Life Tenant During a Partition in Louisiana: What to Expect Quick answer — in plain language Under Louisiana law, a life tenant (usufructuary) generally keeps the right to possess and use the property during the life of the usufruct. However, a co-owner (including the naked owner) may bring a […]

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How to File a Partition Action in Louisiana for Inherited Property — What to Do When Co-Owners Won’t Respond

Filing a Partition Action in Louisiana When Some Inherited-Property Owners Won’t Respond This FAQ-style guide explains, in plain language, how partition actions work under Louisiana law and what to do if some co-owners (including heirs) do not respond. This is educational information only and not legal advice. Detailed Answer What is a partition action? A […]

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Louisiana — What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale

Answer: How a Court-Appointed Commissioner Handles a Private Sale When Co-Owners Disagree Short answer: If co-owners cannot agree on dividing property in Louisiana, one can file a partition action. A judge may appoint a commissioner to sell the property (or a share) privately when partition in kind is impractical. The commissioner follows the court’s instructions, […]

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