Louisiana Property & Succession Insights

Navigating Property Co-Ownership in Louisiana: Protecting Your Rights as an Heir

In Louisiana, many families inherit property “in indivision,” meaning multiple heirs own undivided interests in the same land. While this type of co-ownership is common, it can create confusion, disagreements, and even lost rights if not handled carefully.

Common Challenges for Heirs and Co-Owners

  • Generations of Heirs: Property often passes through multiple generations, leaving dozens of heirs — many of whom don’t know each other.

  • Unequal Effort: One heir may have lived on the land for years, paying taxes and maintaining it, while others live out of state.

  • Mineral Rights: Families may unexpectedly discover they own fractional interests in property producing oil, gas, or other minerals.

What Louisiana Law Says

Under Louisiana Civil Code Article 802, each co-owner has equal rights to use and enjoy the property. No one heir may exclude another. At the same time, Civil Code Article 806 allows reimbursement for expenses — such as taxes or necessary repairs — that one co-owner has paid for the benefit of all

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If disagreements arise, Louisiana law provides the absolute right to partition the property. Partition can be in kind (physically dividing the land) or by licitation (court-ordered sale with proceeds divided). Courts strongly favor partition when heirs cannot agree

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How I Help Clients

As a Louisiana attorney with over twenty years of experience in property and succession law, I guide heirs and co-owners through these issues by:

  • Clarifying Ownership: Determining who owns what share of the property.

  • Resolving Disputes: Negotiating agreements among heirs before conflicts escalate.

  • Handling Successions: Opening estates when needed to transfer legal title.

  • Protecting Mineral Interests: Ensuring rightful payment of royalties and securing ownership rights.

  • Pursuing Partition: When necessary, filing for voluntary or judicial partition to achieve a fair resolution.

Why This Matters

If left unresolved, co-ownership disputes can drag on for years, causing unnecessary expense and stress. Worse, heirs may lose rights through inaction — for example, if another co-owner claims hostile possession

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Take Action Today

If you have discovered that you are a co-owner of property in Louisiana, don’t wait until the situation becomes a legal battle. With proper guidance, you can protect your interests, preserve family property, and ensure a fair outcome for all heirs.

👉 Contact my office today to schedule a consultation. Together, we’ll find the best path forward for you and your family.

 

Scott Carmouche