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What is a partition action in Louisiana?

On Behalf of | Jan 22, 2025 | Contract Disputes

Some disputes about real estate are easy to resolve. Neighbors can look at their deeds and potentially settle a disagreement about the boundary line between their properties. Other disputes may require judicial review and intervention.

In scenarios where people jointly own real property, the conflict may not be with a neighbor or other outside party but rather with a co-owner. Co-owners can end up embroiled in disputes because one owner fails to make the necessary financial contributions toward the property. Perhaps the imbalance has to do with property maintenance rather than financial contributions.

Eventually, if they cannot resolve the matter amicably, one of the co-owners may file a petition with the Louisiana civil courts requesting a partition action. What happens in such cases?

Partition actions separate ownership interests

A partition action is a lawsuit intended to help people separate joint ownership of real property. They ask a judge to review the situation and find an equitable or fair solution. Whether they bought the property together or inherited it from someone else, a partition action can help separate the ownership interests of all the owners.

Judges hearing partition actions have the authority to order several different solutions. They can divide a parcel of unimproved land into many separate parcels so that each owner receives a portion of the original property.

If the property has improvements, like a house, erected on it, then dividing the parcel is unlikely to be a fair and reasonable solution. A judge can potentially order one owner to buy out the other. They could also potentially order the sale of the property if neither party has the desire or capability to maintain sole ownership of the property.

Those initiating partition actions often request a specific remedy from the courts. In scenarios where co-owners cannot continue to cooperatively own and maintain a property anymore, partition actions allow them to separate their interests. Doing so can protect them financially and can help prevent lasting relationship damage.

Learning more about real estate litigation can be beneficial for those dealing with a protracted property dispute. Co-owners sometimes have to acknowledge that continued joint ownership isn’t the best option available anymore. A partition action can potentially help them resolve their disagreements with co-owners in a manner that is fair to everyone.

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