Petition For Partition By Licitation Louisiana
Description
How to fill out Louisiana Petition To Partition Property?
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FAQ
Hear this out loud PauseAn 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.
Hear this out loud PauseThe legal action required is known as a partition action. In a partition action, we ask the court to order that the property be sold. Once an order of sale is obtained from the court, it will be sold by public auction after all parties are notified.
Hear this out loud PauseWhen 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.
A partition action generally takes a year, a half, and two years to reach trial. Sometimes we can do them in less time, but occasionally it takes longer. In addition to how complex discovery is, whether there are discovery disputes, and how the court schedules trials, other factors factor into it.
Hear this out loud PauseFirst, 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.