The partition process is a procedure within Louisiana property law that can provide a solution for recognizing and determining how to divide co-owned property. Practically speaking, the word partition simply means “to divide”.  Much like a piece of cake or pie that is cut in several slices and distributed out fairly to the number of guests at a party, the partition process in Louisiana legally proceeds the same way.

In Louisiana, the partition process arises when immovable property (real estate or land) is owned by multiple co-owners and the co-owners cannot agree on how to divide the property. The rights of any co-owner to partition are definitive and automatic if exercised.  Under La. C.C. Art. 807, “any co-owner has a right to demand partition of a thing held in division” at any time.  Moreover, under La. C.C. Art. 807,  “no one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or judicial act” making the partition process a matter of law and not to be determined by a trier of fact.

The Two Types of Partitions:

Under the Louisiana Code, there are two (2) types of partitions or partition processes to proceed under: Partition in kind or Partition by licitation.  The first type of partition process - partition in kind – means the thing held in-division in susceptible to division in lots of nearly equal value for the respective co-owners.  A hypothetical example of this would be if ten (10) acres of land in a rural area were owned by five (5) owners and could be measured and divided so that each owner would receive two (2) acres each, of similar size and value, then one could proceed under partition in kind.  This procedure often requires a land survey and formal valuation of the property for determining equal value of the division.  Conversely, the second type of partition (which is the most often used method) is partition by licitation; this type of partition exists when it is impossible to divide the property into nearly equal lots or “split the baby” so to speak. A hypothetical example of this would be the co-ownership of a residential home which almost always  impossible to divide or chop up for the co-owners to keep as their own.  Instead, under partition by licitation the property would be sold (through a traditional sale on the private market or through a sheriff auction) and the sales proceeds would be paid out according to the ownership interests of the respective co-owners. 

Practical Partition Tips:

It is worthy to note any lone co-owner can sue to enforce a partition and the majority of co-owners is not required (La. C.C. Art. 1311).  It is not necessary for a partition action that the co-heirs, or the party commencing the action be in actual possession of the succession or of the thing to be divided (La. C.C. Art. 1320). The action of partition may be tried as a summary proceeding (La. C.C. Art. 1328).

Conclusion

In conclusion, the Louisiana Code of Procedure provides a fair and equitable way to divide and distribute co-owned property though the partition process.  The Civil Code provides an exact streamlined process for the various co-ownership situations and property types associated with partitions.  Utilizing the partition code articles can provide a solution for disputes between co-owners.

About the Author...

Zachary J. Delerno, Esq. 
Sunrise Law Group

Zachary is an Attorney at Sunrise Law Group LLC and handles successions and real estate disputes.  Zachary can be reached at 504-217-5306 or via email: zack@sunriselawgroup.com  

Written on behalf of the Solo & Small Firms Committee