Louisiana Petition to Partition Property
What is this form?
The Petition to Partition Property is a legal document used when co-owners of a piece of property cannot agree on its division. This situation often arises in cases of inherited property. Instead of attempting a physical division, which could lower the property's value, the petitioner requests a judicial sale. The court's decision allows the property to be sold, with the proceeds fairly divided among the co-owners.
Form components explained
- Name of the petitioner and their postal address.
- Description of the inherited property being partitioned.
- List of all co-owners (defendants) and their postal addresses.
- A statement indicating unsuccessful attempts to amicably partition the property.
- Request for the court to sell the property and appoint an attorney for any absentee heirs.
- Judicial district court and docket number information.
When to use this document
This form should be used when co-owners of a property cannot agree on how to divide it. Common scenarios include cases of inherited real estate where multiple heirs have ownership stakes. If talks to partition the property amicably have failed, and the property cannot be physically divided without a decrease in value, this petition is necessary to seek a court-ordered sale.
Who should use this form
- Individuals who co-own property inherited from a deceased relative.
- Petitioners who have made unsuccessful attempts to reach an agreement with other co-owners.
- Those needing a legal solution to partition property that cannot be divided equitably.
Instructions for completing this form
- Identify the petitioner and provide their contact information.
- Describe the inherited property in detail, including its location and dimensions.
- List all co-owners or defendants involved in the partition.
- State the reasons for seeking a partition and articulate the unsuccessful attempts at amicable resolution.
- Request that the court appoint an attorney for any absentee heirs, if applicable.
- Ensure all fields are filled out accurately before submitting to the court.
Is notarization required?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Mistakes to watch out for
- Failing to include the full name and address of all co-owners.
- Not providing a clear and detailed description of the inherited property.
- Leaving out or incorrectly stating attempts to resolve partitioning amicably.
- Submitting the form without the necessary signatures or notarization, if required.
Advantages of online completion
- Convenience of accessing and downloading the form directly from your device.
- Editability allows you to customize the content to reflect your specific situation.
- Reliability in ensuring the form complies with Louisiana state laws and regulations.
Form popularity
FAQ
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it's very difficult, legally, to stop a partition action there are alternatives.
Can A Partition Be Stopped? Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.
The petition to partition is a legal tool designed to resolve disputes between co-owners. Its outcome is a court-ordered physical division or sale of the property for fair sharing of proceeds among co-owners.
How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.
How much does a partition action cost? In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the property and issues involved and the resistance of your opposing party. Attorney's fees can range from $20,000 to $100,000+ per party.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner.The Court must determine that under the circumstances, sale and division of the proceeds would be more equitable than division of the property.
A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.
