Partition Action Complaint - Louisiana

LOUISIANA PETITION TO PARTITION IMMOVABLE PROPERTY HELD IN INDIVISION

[____] JUDICIAL DISTRICT COURT

PARISH OF [____], STATE OF LOUISIANA

Docket No.: [____________]
Division: [______]

PETITION TO PARTITION IMMOVABLE PROPERTY

(La. Civ. Code arts. 807 et seq.; La. Code Civ. P. arts. 4601 et seq.)

NOW INTO COURT, through undersigned counsel, comes Petitioner [PETITIONER FULL NAME], a co-owner of the immovable property described below, who respectfully represents:

I. PARTIES, JURISDICTION, AND VENUE

1.

Petitioner is a person of the full age of majority domiciled in [____] Parish, Louisiana, with an address of [________________________________]. [OR: Petitioner is a [Louisiana / foreign] [corporation / limited liability company] authorized to do and doing business in Louisiana, with its principal place of business at [______].]

2.

Made Defendants herein are:

(a) [DEFENDANT 1], a person of the full age of majority domiciled in [____] Parish, Louisiana, with an address of [________________________________], a co-owner of the Subject Property;

(b) [DEFENDANT 2], [________________________________], a co-owner of the Subject Property; and

(c) ALL UNKNOWN PERSONS who may claim an ownership interest in the Subject Property, to be represented by a Curator Ad Hoc to be appointed by this Honorable Court pursuant to La. Code Civ. P. arts. 5091 et seq.

3.

This Honorable Court has subject matter jurisdiction, and venue is proper in [____] Parish pursuant to La. Code Civ. P. art. 80(A)(1) and art. 4603, as the Subject Property is situated in this Parish.

II. THE IMMOVABLE PROPERTY HELD IN INDIVISION

4.

The immovable property subject to partition (the "Subject Property") is situated in [____] Parish, Louisiana, and is more particularly described as follows:

Property Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Municipal Address (reference only): [________________________________]
Parish Assessor Parcel No.: [____________]
Conveyance Office Book / Instrument No.: [____________]

III. CO-OWNERSHIP AND RESPECTIVE SHARES

5.

The Subject Property is owned in indivision by the parties in the following shares:

6.

Petitioner owns an undivided [____]/[____] interest in the Subject Property, acquired by [Act of Cash Sale / Credit Sale / Donation Inter Vivos / Act of Exchange / Judgment of Possession / Other: ______] dated [__/__/____], recorded in the Conveyance Records of [____] Parish on [__/__/____] as Instrument No. [____________].

IV. RIGHT TO PARTITION

7.

Pursuant to La. Civ. Code art. 807, any co-owner has the right to demand partition of a thing held in indivision, and no one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act.

8.

No agreement excluding partition (La. Civ. Code art. 808) binds the co-owners, and the co-owners have not agreed upon the mode of partition. Petitioner is therefore entitled to demand judicial partition under La. Civ. Code art. 809 and La. Code Civ. P. arts. 4601 and 4602.

V. MODE OF PARTITION — IN KIND OR BY LICITATION/PRIVATE SALE

9.

Pursuant to La. Civ. Code art. 810, partition in kind is favored when the thing held in indivision is susceptible of division into as many lots of nearly equal value as there are shares.

10.

Petitioner alleges (check one):

☐ Partition in kind (La. Civ. Code art. 810; La. Code Civ. P. art. 4606). The Subject Property is susceptible of division into lots of nearly equal value corresponding to the co-owners' shares, and Petitioner requests partition in kind, with the appointment of a notary and expert(s) to form the lots and proposed partition, and with any monetary adjustment necessary to equalize the lots.

☐ Partition by licitation (La. Civ. Code art. 811; La. Code Civ. P. art. 4607). The Subject Property is not susceptible to partition in kind because [it is a single residential improvement on one lot / division would diminish its value or impair its use / the lots cannot be made of nearly equal value / other: ______________]. Petitioner therefore requests that the Court decree a partition by licitation (public auction, conducted after the advertisements required for judicial sales under execution), and that the proceeds be distributed to the co-owners in proportion to their shares.

☐ Partition by private sale (La. Civ. Code art. 811(B); La. Code Civ. P. art. 4607). One or more co-owners are absentees or have not consented to a partition by private sale; Petitioner requests that the Court order a partition by private sale, giving first priority to a private sale between the existing co-owners, at not less than the appraised value of the Subject Property.

VI. ACCOUNTING AND REIMBURSEMENT AMONG CO-OWNERS

11.

An accounting among the co-owners is required pursuant to La. Civ. Code arts. 806 and 813–818, so that each co-owner is charged or credited for the following before or upon distribution of the Subject Property or its proceeds:

☐ Necessary expenses, taxes, and management charges advanced by a co-owner in excess of that co-owner's share (La. Civ. Code art. 806): ad valorem taxes, insurance, mortgage installments, assessments, and expenses of preservation and management: [____________________________________].

☐ Improvements / useful expenses made by a co-owner that enhanced the value of the Subject Property: [____________________________________].

☐ Fruits and revenues (including rents) collected by a co-owner, or the value attributable to a co-owner's exclusive use or enjoyment of the Subject Property to the exclusion of the others (La. Civ. Code art. 806): [____________________________________].

☐ Equalizing payment to balance lots of unequal value in a partition in kind: [____________________________________].

12.

Petitioner requests that the Court determine the foregoing accounting and adjust the co-owners' respective shares of the Subject Property, or of the net proceeds of any licitation or private sale, accordingly.

VII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays:

A. That the Defendants be cited and served with a copy of this Petition;

B. That a Curator Ad Hoc be appointed to represent the unknown and any absentee Defendants pursuant to La. Code Civ. P. arts. 5091–5096;

C. That after due proceedings there be judgment in favor of Petitioner and against the Defendants:

1. Recognizing Petitioner's right to partition the Subject Property held in indivision (La. Civ. Code art. 807) and decreeing a judicial partition (La. Code Civ. P. arts. 4601, 4602);

2. Ordering [☐ partition in kind under La. Civ. Code art. 810 and La. Code Civ. P. art. 4606, with appointment of a notary and expert(s) to form the lots / ☐ partition by licitation at public auction under La. Civ. Code art. 811 and La. Code Civ. P. art. 4607 / ☐ partition by private sale under La. Civ. Code art. 811(B) at not less than the appraised value];

3. Ordering an inventory or appraisement of the Subject Property as provided in La. Code Civ. P. art. 4604;

4. Determining the accounting and reimbursement among the co-owners under La. Civ. Code arts. 806 and 813–818, and adjusting the co-owners' respective shares accordingly;

5. Distributing the net proceeds of any licitation or private sale to the co-owners in proportion to their adjusted shares (La. Civ. Code art. 811);

6. Casting the Defendants and/or apportioning among the co-owners, in proportion to their interests, all costs of these proceedings, including the fees of the notary, experts, appraisers, and curator ad hoc;

D. For all other general and equitable relief as the law and the nature of the case may permit.

Respectfully submitted,

[________________________________]
[Attorney Name], LSBA No. [______]
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Petitioner

VERIFICATION

STATE OF LOUISIANA )
)
PARISH OF [____] )

BEFORE ME, the undersigned authority, personally came and appeared [PETITIONER FULL NAME], who, after being duly sworn, did depose and state: I am the Petitioner in the foregoing action; I have read the foregoing Petition to Partition and know the contents thereof; and the allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[Petitioner Signature]

SWORN TO AND SUBSCRIBED before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public — State of Louisiana
Notary ID / Bar No.: [____________]
My commission: [for life / expires __/__/____]

[NOTARIAL SEAL]

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

(La. Code Civ. P. arts. 3751–3753)

TO: The Clerk of Court and Ex-Officio Recorder of Mortgages and Conveyances for the Parish of [____], Louisiana; and to all persons interested.

NOTICE IS HEREBY GIVEN, pursuant to La. Code Civ. P. arts. 3751–3753, that an action has been filed and is now pending in the [____] Judicial District Court for the Parish of [____], State of Louisiana, affecting title to and seeking partition of the immovable property hereinafter described.

Description of the Immovable Property Affected (situated in [____] Parish, Louisiana):

[INSERT FULL LEGAL DESCRIPTION VERBATIM]

From and after the time of recording, this Notice shall be effective notice to all third persons of the pendency of the action, as provided by La. Code Civ. P. art. 3752.

DATED at [____], Louisiana, this [____] day of [__________], 20[____].

[________________________________]
[Attorney Name], LSBA No. [______]
[Firm Name] — Attorney for Petitioner
[Address] · [Phone] · [Email]

CITATION

[____] JUDICIAL DISTRICT COURT
PARISH OF [____], STATE OF LOUISIANA
Docket No. [____________]

TO: [DEFENDANT NAME]
[Defendant Address]

You are hereby cited to comply with the demand contained in the Petition, a certified copy of which accompanies this Citation, OR to file your Answer or other responsive pleading in the office of the Clerk of this Court, located at [Courthouse Address], within TWENTY-ONE (21) DAYS after service hereof under penalty of default, pursuant to La. C.C.P. art. 1001(A). THIRTY (30) DAYS are allowed if a discovery request is served with the Petition (La. C.C.P. art. 1001(A)), and THIRTY (30) DAYS are separately allowed before a default judgment may be taken against a Defendant served under the Long-Arm Statute (La. R.S. 13:3205) or through the attorney appointed under La. C.C.P. art. 5091 et seq. (curator ad hoc) to represent an absent or unrepresented Defendant.

WITNESS the Honorable Judges of said Court this [____] day of [__________], 20[____].

[________________________________]
Clerk of Court
[____] Judicial District Court
Parish of [____], Louisiana

Issued at the request of:
[Attorney Name], LSBA No. [______] — Attorney for Petitioner

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Petition to Partition has been served upon all counsel of record and upon all unrepresented parties of record by [☐ the court's electronic filing system / ☐ U.S. Mail, postage prepaid / ☐ domiciliary or personal service through the Clerk of Court / ☐ the appointed Curator Ad Hoc for absentee and unknown Defendants] this [____] day of [__________], 20[____].

[________________________________]
[Attorney Name], LSBA No. [______]
Attorney for Petitioner

Sources and References

• La. Civ. Code art. 807 — Right to demand partition (https://www.legis.la.gov/legis/Law.aspx?d=111003)
• La. Civ. Code art. 810 — Partition in kind
• La. Civ. Code art. 811 — Partition by licitation or by private sale (https://www.legis.la.gov/legis/Law.aspx?d=111007)
• La. Civ. Code arts. 806, 813–818 — Accounting, reimbursement, fruits and revenues among co-owners
• La. Code Civ. P. arts. 4601–4642 — Partition between co-owners (judicial partition; in kind; by licitation/private sale)
• La. Code Civ. P. art. 4607 — Partition by licitation (public auction) or private sale (https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-ix-art-4607/)
• La. Code Civ. P. arts. 3751–3753 — Notice of pendency (lis pendens)
• La. Code Civ. P. arts. 5091–5096 — Curator ad hoc
• Note: Louisiana follows a civil-law tradition; co-owners hold "in indivision" and the sale remedy is partition by "licitation." Louisiana has not enacted the Uniform Partition of Heirs Property Act.