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..

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption