We Handle These Matters With the Utmost Sensitivity
A typical case we see is where one of the heirs is occupying the home and refusing to agree to a sale. Very often, this family member is living in the house for free and in no hurry to move out. While she does have the option to buy out the other heirs and become the sole owner of the home, she may drag her feet in order to avoid coming up with the money. As difficult as it may be to file suit against a sibling, it may be the only way to resolve the situation.
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. The sibling living in the house will have the option of buying out the co-owners at auction, but the house is usually sold to a third party. A court-appointed notary will divide up the proceeds of the sale and distribute them to the co-owners. If the problematic family member is still in the house at this point, she will be evicted. Because of the number of legal steps involved, this process can take several months in New Orleans.
Our Litigators Are Here to Help Resolve Your Family Conflict
The estate team at Scott Law Group, Estate & Probate Division understands how difficult it can be to engage in a legal battle with a sibling or other family member, but we have litigated hundreds of similar cases in New Orleans and the surrounding parishes, and we will make the process as easy as possible. Let our experience work for you to resolve an estate issue in court. Contact us to get started today.
How Partition Actions Work in Louisiana
In a partition action, the court is asked to order that the co-owned property be sold. Once an order of sale is obtained, the property is sold by public auction after all parties are notified. The co-owner living in the house has the option to buy out the others at auction, but the property is typically sold to a third party. A court-appointed notary divides the proceeds and distributes them to the co-owners according to their ownership shares.
Because of the number of legal steps involved, partition proceedings in Louisiana typically take several months. Attempting to navigate this process without an attorney significantly increases the risk of procedural delays. Scott Law Group handles partition actions and estate property disputes throughout Louisiana. Contact us or call (504) 264-1057 to discuss your situation.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.