Louisiana Partition Deed for Surface Estate
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How to fill out Partition Deed For Surface Estate?
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FAQ
A partition action should be filed with the assistance of an experienced partition attorney. The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.
The voluntary partition of community property during marriage converts the property partitioned from the community to the separate property of the recipient spouse.
Section 6 of the Act provides that if the co-owner wishing to sell has a minimum one half interest in the property, the Court must grant the order unless the other co-owner convinces the Court that there is a ?good reason? not to order a sale or partition.
Timeline to Process a Partition Action. 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.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
The 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.
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.
In Louisiana, this is referred to as ownership by ?indivision? meaning each person has an undivided share. In other words, each property owner has an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
