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Partitions
Did you inherit property from your parents or grandparents, and now find yourself sharing this property with distant, estranged, or frustrating relatives? When this happens, one or two parties often end up fronting all of the time and money required to maintain and upkeep the property on behalf of thankless relatives. Louisiana law actually offers a solution for this! Essentially, Louisiana law provides co-owners of real estate a right to divide or to force the sale of a home, to end the regime of co-ownership. This allows individuals to discontinue unfairly maintaining a home on behalf of unhelpful relatives or other co-owners, and unlock the cash value of their ownership interest.
What’s most interesting about the partition process is that it is a right, which means that it cannot be prevented by disagreeable co-owners. Although various issues such as reimbursements or other fights can come up along the way, you can ultimately secure a sale by a private party, or a sheriff’s auction, to dispose of the property in most cases. In cases where you cannot force a sale, the court will at least fairly divide the property into pieces that each co-owner owns individually, so that you are no longer forced to co-own property with anyone that you do not want to.
Through the partition process, we will help evaluate whether you are entitled to any reimbursements from the sale of the home, and whether the other co-owners may have reimbursements or challenges to your reimbursements. We will also help you to assess the risk and reward of proceeding with your right to Partition.
Finally, we know legal services can be expensive, so we have flexible pricing to help meet you where you are. In general, we offer a lower price for paying up front or paying as you go; but we do also offer options to be paid on a delay, or paid from the sale of the home, which typically includes either a higher hourly rate, or a fixed percentage contingency fee.
If you co-own a home with others, and wish to end this co-ownership arrangement, give us a call! We offer free 15 minute consultations to help determine what your rights and possible outcomes may be, and to ensure that we are a good fit for each other as a lawyer and a client.
FAQs
A partition is a legal action that allows a co-owner of real estate to end the co-ownership of property i.e. either by dividing it or by forcing its sale. Under Louisiana law, partition is a recognized right, meaning a co-owner cannot prevent another co-owner from exercising it, even if they object to the sale.
You may be entitled to reimbursement from the sale proceeds for expenses you've fronted, including property taxes, insurance, mortgage payments, and necessary maintenance, however if you are living in the property this amount may offset by the value you are receiving by living there. A Louisiana partition attorney can evaluate your reimbursement claims and any counterclaims from other co-owners before filing.
Uncontested partitions can resolve in a few months, while contested partitions involving disputes over reimbursements, ownership percentages, or the method of sale can take a year or longer. Timing also depends on the local court's docket and the property's marketability.
While not strictly required, partition actions involve detailed Louisiana real estate, succession, and civil procedure rules, including reimbursement claims, title issues, and sale logistics, that are difficult to navigate without legal training. Most people work with a Louisiana partition attorney to protect their financial interests.
No. Partition is a right under Louisiana law, which means a disagreeable co-owner cannot prevent another co-owner from exercising it. Co-owners can dispute reimbursements, ownership percentages, and the method of sale, but they cannot block the partition itself.
Costs vary depending on whether the matter is contested, the number of co-owners, and the property's complexity. Ciolino & Onstott offers flexible pricing for partition cases i.e. including up-front, pay-as-you-go, deferred payment, and contingency-based arrangements paid from the sale proceeds.
A partition in kind physically divides the property among co-owners, property must be partitioned in kind when it is possible to do so without diminishing the value of the property. A partition by sale (also known as a partition by licitation) orders the property sold and the proceeds divided. In Louisiana, residential real estate is almost always partitioned by sale, because it is usually impossible to physically divide a house without diminishing its value.
Yes. Ciolino & Onstott regularly handles partition actions throughout Orleans, Jefferson, St. Tammany, St. Bernard, Plaquemines, and surrounding parishes. We offer free 15-minute consultations to evaluate your rights and discuss flexible fee arrangements.