Legal Question in Real Estate Law in Louisiana

1/3rd owner in deceased parent's home with my two siblings, one of which is claiming to be filing a Partition/Sheriff's sale/Chapter 7 Liquidation to satisfy a debt and property will be auctioned off. How can I stop this? If i move into the house, will that help this matter?

Asked on 6/03/18, 9:52 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Nobody can be forced to co-own property with another. So, if you are all 1/3 owners of a property, any one of the owners can petition the court to partition the property and the court will do it. If the property is a large plot of land, the court may partition by physically dividing the property into 1/3 portions. Obviously, you can't do that with a house, so the court will order the house sold. The only thing you can do to stop the sale is to pay her off and "buy out" her 1/3 share of the house.

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Answered on 6/06/18, 11:01 am

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