partition of property

I inherited 1/6 ownership of a house and land in louisiana. my father owned 1/3 of
the property and he died in 2015. my sister and I share that 1/3. can i force a sale on
the house? the other two owners are still alive and have no interest in the property.
my sister was paying rent before my father died but hasn’t since and refuses to pay
rent and refuses to move out. what can I do?

Asked on July 7, 2017 under Real Estate Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When co-owners of property cannot agree as to ownership matters, the law provides a remedy known as "partition". In a partition action, if the property can be equally divided, the court will so instruct. However, if division is impractical (as in the case of a single family house), then the court will order its sale with an equitable division of proceeds. However, before that, if an owner wants to keep the property they will be given the chance to buy out the other owner(s) for fair market value. Otherwise, the property will be offered for sale to the general public.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When co-owners of property cannot agree as to ownership matters, the law provides a remedy known as "partition". In a partition action, if the property can be equally divided, the court will so instruct. However, if division is impractical (as in the case of a single family house), then the court will order its sale with an equitable division of proceeds. However, before that, if an owner wants to keep the property they will be given the chance to buy out the other owner(s) for fair market value. Otherwise, the property will be offered for sale to the general public.


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