What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (LA)
What happens if mediation fails and I need to file a partition action to force the sale of jointly owned land in Louisiana? Disclaimer: This is for general informational purposes only and is not legal advice. I am not a lawyer. Consult a licensed Louisiana attorney for advice about your specific situation. Detailed answer — […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property in Louisiana (LA)?
Detailed Answer When co-owners of real property in Louisiana cannot agree about possession, management, or whether to keep or sell the property, one co-owner can ask a court to force a division or sale through a partition action. Louisiana law gives courts the power to divide property in kind when feasible or order a sale […]
Read article →How is property divided in an actual partition of real property when some acres are better than others? (LA)
How is property divided in an actual partition of real property when some acres are better than others? Short answer: In Louisiana an "actual partition" (partition en nature) attempts to divide the land into separate parcels so each co-owner receives a physical portion. When some acres are worth more than others, the court or the […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (LA)
Detailed Answer — How a Louisiana co‑owner can get money instead of physical property Short answer: In Louisiana, a co‑owner who does not want physical possession of co‑owned property can seek a buyout from the other co‑owners or ask a court to order partition by sale (licitation) or partition by allotment with a payment to […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in Louisiana?
Detailed Answer When someone dies in Louisiana, their estate must pass through a succession process. Heirs or the appointed executor must open the succession and follow Louisiana law steps to inventory assets, pay debts, and distribute the residue among heirs. 1. Open the Succession and Obtain Possession Within three months of the date of death, […]
Read article →Can I Negotiate with My Siblings to Avoid a Partition Action in Louisiana on Inherited Property?
How to Negotiate with Siblings to Avoid a Partition Action in Louisiana Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer When co-owners inherit real property in Louisiana, any heir can file a partition action by licitation […]
Read article →How Can a Co-Owner Seek Reimbursement for Improvements to Estate Real Property in Louisiana?
Disclaimer: This article provides general information under Louisiana law and does not constitute legal advice. You should consult a licensed attorney for advice on your situation. Detailed Answer When two or more individuals co-own immovable property in Louisiana, each holds an undivided interest. Louisiana Civil Code provisions on co-ownership outline the rights and obligations of […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in LA
Detailed Answer When a jointly owned property faces a foreclosure hearing under Louisiana law, co-owners must act quickly to preserve equity and control the sale process. This guide breaks down each step, cites key statutes, and explains critical concepts in plain language. 1. Understand Joint Ownership Rights In Louisiana, co-ownership follows rules in the Civil […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement under Louisiana Law
Detailed Answer Under Louisiana law, co-owners must share the “carrying costs” of jointly held property, including mortgage interest, property taxes, insurance premiums, routine maintenance, and homeowners’ association fees. Louisiana Civil Code Article 104 requires each co-owner to contribute their pro rata share of necessary expenses for administration and preservation of the property. See La. Civ. […]
Read article →What rights do co-owners have when one heir wants to live in inherited property and another wants to sell in Louisiana
Disclaimer: This information is general and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance specific to your situation. Detailed Answer: Co-Ownership Rights in Louisiana Successions When heirs inherit property together in Louisiana, they hold undivided interests as co-owners. Each co-owner enjoys equal rights to possession and use, regardless of their share […]
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