I own property in Louisiana with two siblings as an estate. How many heirs would it take to force the sale of property? One or majority? Thank you..

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I own property in Louisiana with two siblings as an estate. How many heirs would it take to force the sale of property? One or majority? Thank you..

I own property in Louisiana with two siblings as an
estate. How many heirs would it take to force the
sale of property? One or majority? Thank you..

Asked on January 6, 2017 under Real Estate Law, Louisiana

Answers:

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

Answered 7 years ago | Contributor

If the property is still in the mane of the estate, then the executor has control and can make the decision about a sale. If the title to the property is now in yours and your siblings names, then any 1 of you can force a sale. The law provides a remedy when co-owners of jointly held property cannot agree as to ownership matters. It is called "partition". With a partition, if the property can be divided equally, then the court will so instruct. Howver, in the event that the property cannot be divided (as in the case of a single family house), then the court will instead order what is called a "sale in lieu of partition". This means that the property will be sold and the proceeds equitably distributed among all of the owners. That having been said, since a partition action can be time consuming and expensive, it is advisable for to try an work out an amicable agreement.   Note: Before a sale would be ordered, a co-owner(s) would be given the right to try and negotiate a buy out of the other co-owner(s).


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