Legal Question in Real Estate Law in Louisiana

Type your question here...My husband inherited 2 1/2 acres of 10 acres after his father's death. The land is undevided. Can we make them devide it and give us our part? If so if we don't agree on where our land is can we force them into a sheriff's sale of the property? If we can can they block it?


Asked on 10/04/09, 7:41 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Your husband did not inherit 2.5 acres, he inherited a 1/4th interest in 10 acres. It may seem like the same, but it is not. He owns 25% of all the land, not 100% of 2.5 acres. No one can be forced to own property in indivision, so you can force the partition of the 10 acres. The easiest way would be to have the property surveyed and then divided up 4 ways, that is, have the surveyor create a legal description for each of the 4 pieces. Before paying to survey, the siblings should all agree to it. Then your husband and his siblings get together and if they can agree to which piece each gets, and I must tell you that hardly ever happens, a lawyer can prepare the documents based on the survey and everybody donates their interest in each piece to the sibling getting that piece. The survey and all documents are then filed of record in the Parish seat where the property is located. There may be a problem with zoning ordinances but you can check with the Parish or city about that. Also, you did not mention his mother. If she enjoys the usufruct over the 10 acres, then she would have to be part of the conversation. If even 1 sibling does not agree, then your husband can file a Petition to Partition the Property in Kind, or in the Alternative to sell the property and divide the proceeds. If the property can be divided equally into 4 pieces, the court can order each of you to take one, and if you cannot agree, he can order who gets what. If it cannot be easily divided equally, then the court can order it appraised and sold at sheriff's sale. Of course your husband can buy the siblings out of their share and own it all, or buy it at the sheriff's sale.

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Answered on 10/10/09, 10:23 am


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