A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
Louisiana Complaint for Partition of Real Property is a legal document that allows co-owners of a property in Louisiana to seek a court-ordered division or sale of the property when they cannot reach an agreement on how to divide it among themselves. This complaint ensures the fair distribution of the property and resolves any conflicts between co-owners. In Louisiana, there are two types of Complaint for Partition: 1. Partition in Kind: This type of partition aims to divide the property physically among the co-owners. It involves physically dividing the property into distinct portions so that each co-owner can possess and enjoy their respective share. The court determines the division based on the size, location, and characteristics of the property. 2. Partition by Sale: When dividing the property physically is not feasible or fair, a partition by sale may be sought. This type of partition involves selling the property and distributing the proceeds among the co-owners according to their respective shares. The court may order a public auction or appoint a real estate agent to handle the sale process, ensuring a fair market value for the property. The Louisiana Complaint for Partition of Real Property outlines the co-owners' names and their interests in the property. It describes the property in detail, including its legal description, boundaries, and any improvements or structures present. The complaint states the reasons for seeking partition and whether the co-owners prefer a partition in kind or by sale. Additionally, the complaint may include any relevant disputes between the co-owners, such as disputes over property maintenance, rental income, or expenses. It provides a summary of the efforts made to reach an agreement among the co-owners and the reasons those negotiations failed. The complaint also asks the court to determine each co-owner's respective share and order the appropriate relief to implement the partition. Keywords: Louisiana, Complaint for Partition, Real Property, co-owners, court-ordered division, property division, conflicts, fair distribution, Partition in Kind, Partition by Sale, physical division, fair market value, legal description, boundaries, improvements, disputes, rental income, expenses, negotiations, relief.
