Partition By Licitation Louisiana Withholding
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FAQ
An heir may also petition the court for a petition by licitation, which could force a sale of the land, even if the other co-owner does not wish to part with the property.
Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.
When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or, as provided in Paragraph B of this Article, by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares.
First, the co-owners must agree on how to divide the property. Second, a surveyor must prepare a partition plan showing how the property will be divided. Third, the partition plan must be approved by a court, and the property must be physically divided.