Partitioning Co-Owned Property in Louisiana
Co-ownership of real estate can work—until it doesn’t. When co-owners disagree on use, management, or sale of a property, Louisiana law provides a clear exit: partition.
The Right to Partition
Under Louisiana law, no one can be forced to remain in co-ownership. Any co-owner of immovable property—whether they own 1% or 99%—has the right to demand partition at any time, unless that right has been lawfully waived for a limited period.
This right applies regardless of how the co-ownership arose: inheritance, divorce, tax sale, joint purchase, or otherwise.
Types of Partition
There are two primary forms of partition:
- Partition in Kind
The property is physically divided among the co-owners. This is only possible when the property can be fairly and practically split without substantially diminishing its value. For most residential properties, this is not feasible. - Partition by Licitation (Judicial Sale)
When the property cannot be conveniently divided, the court orders the property sold—typically at sheriff’s sale—and the proceeds are distributed among the co-owners in proportion to their ownership interests. This is the most common form of partition for houses, condos, and single parcels of land.
The Procedure
If co-owners cannot agree to sell or divide the property voluntarily, a co-owner may file a petition for partition in the parish where the property is located. The process generally includes filing a lawsuit naming all co-owners as defendants, getting all the parties served, obtaining a court order directing a judicial sale, and distribution of sale proceeds after payment of costs and approved expenses.
Costs and Reimbursement
Costs associated with the partition—including court costs, appraisal fees, and certain necessary expenses incurred for the preservation of the property—are typically paid from the sale proceeds before distribution. In appropriate cases, a co-owner who advanced funds to protect or maintain the property may be entitled to reimbursement.
To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at
johnston@snw.lawor 504-313-4199.
