HLS 25RS-465 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 175
BY REPRESENTATIVE WILFORD CARTER
(On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY: Provides for the partition of property
1 AN ACT
2To amend and reenact Civil Code Article 811 and Chapter 12 of Title I of Book III of the
3 Civil Code, comprised of Civil Code Articles 1289 through 1414, and Code of Civil
4 Procedure Articles 81, 4622(B)(1)(b), and 4624, to enact Part V of Chapter 1 of Code
5 Title I of Code Book II of Title 9 of the Louisiana Revised Statutes of 1950, to be
6 comprised of R.S. 9:1150 through 1150.8, and to repeal Civil Code Articles 1290,
7 1291, 1295 through 1297, 1299 through 1301, 1305, 1306, 1308, 1310 through 1315,
8 1318 through 1321, 1329 through 1337, 1341 through 1367, 1370 through 1373,
9 1378, 1379, 1382, 1385 through 1396, 1399, and 1402 through 1414 and R.S.
10 9:1113, relative to the partition of property; to provide for partition by licitation; to
11 provide for partition by private sale; to provide for the partition of estates; to provide
12 for undivided co-ownership rights until the partition of estates; to provide for
13 petitions for partition; to provide for the publication of notice for partition; to provide
14 for the Louisiana Uniform Partition of Heirs Property Act; to provide for the repeal
15 of antiquated partition of succession articles in the Civil Code; to provide for a
16 special effective date; and to provide for related matters.
17Be it enacted by the Legislature of Louisiana:
18 Section 1. Civil Code Article 811 is hereby amended and reenacted to read as
19follows:
20 Art. 811. Partition by licitation or by private sale
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1 A. When the thing held in indivision is not susceptible to partition in kind,
2 the court shall decree a partition by licitation or, as provided in Paragraph B of this
3 Article, by private sale and the proceeds shall be distributed to the co-owners in
4 proportion to their shares.
5 B. In the event that one or more of the co-owners are absentees or have not
6 consented to a partition by private sale, the court shall order a partition by private
7 sale and shall give first priority to the private sale between the existing co-owners,
8 over the sale by partition by licitation or private sale to third parties. The court shall
9 order the partition by private sale between the existing co-owners as identified in the
10 conveyance records as of the date of filing for the petition for partition by private
11 sale. The petition for partition by private sale shall be granted first priority, and the
12 sale shall be executed under Title IX of Book VII of the Code of Civil Procedure.
13 Section 2. Chapter 12 of Title I of Book III of the Civil Code, comprised of Civil
14Code Articles 1289 through 1414, is hereby amended and reenacted to read as follows:
15 CHAPTER 12. OF THE PARTITION OF SUCCESSIONS ESTATES
16 SECTION 1. OF THE NATURE OF PARTITION,
17 AND OF ITS SEVERAL KINDS
18 Art. 1292. Undivided ownership rights until partition.
19 When a person, at his decease, leaves several the decedent's estate devolves
20 in favor of multiple heirs, each of them becomes an undivided proprietor co-owner
21 of the effects of the succession, for the part or portion coming to him, which forms
22 among the heirs a community of property, as long as it remains undivided estate for
23 each co-owner's respective share.
24 Revision Comments - 2025
25 This provision is new. It does not change the law. It expresses the principle
26 underlying Article 1292 (1870). The term "estate" is defined in Article 872 as "the
27 property, rights, and obligations that a person leaves after his death."
28 Art. 1293. Partition of a succession, definition. Intestate partition; definition
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1 The partition of a succession an intestate estate is the division of the effects,
2 of which the succession is composed, estate among all of the coheirs, according to
3 their respective rights.
4 Revision Comments - 2025
5 This provision is new. It does not change the law. It expresses the principle
6 underlying Article 1293 (1870).
7 Art. 1302. Testamentary partition
8 There is no occasion for partition, if the deceased has regulated it between his
9 lawful heirs, or strangers, or if the deceased Partition shall not be demanded when
10 a testator has assigned specific assets of the estate to his legatees and may be
11 demanded only when the testator has allocated undivided shares of the estate to the
12 testator's legatees. Partition also shall not be demanded when a testator has expressly
13 delegated the authority to his the testator's executor to allocate specific assets to
14 satisfy a legacy expressed in terms of a quantum or value; and in such case the judge
15 must follow the will of the testator or his executor.
16 The same thing takes place when the testator has expressly assigned specific
17 assets of his estate, or delegated the authority to assign specific assets of his estate,
18 in satisfaction of the forced portion of his children.
19 Revision Comments - 2025
20 This provision is new. It does not change the law. It expresses the principle
21 underlying Article 1302 (1870).
22 SECTION 2--. AMONG WHAT PERSONS PARTITION
23 CAN BE SUED FOR AMONG CERTAIN PERSONS
24 Art. 1307. Partition between heirs and legatees.
25 A partition may be sued for by any heirs, testamentary or ab intestato
26 demanded by any of the heirs or legatees who hold property in indivision.
27 It can also be sued for by any universal legatee or legatee under an universal
28 title, and even by a particular legatee, when a thing has been bequeathed to him in
29 common with one or more persons.
30 Revision Comments - 2025
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1 This provision is new. It does not change the law. It expresses the principle
2 underlying Article 1307 (1870). It is also consistent with Article 807.
3 Art. 1309. Partition between possessors in common. holders of real rights
4 It is not indispensable to be owner in common in order to be able to support
5 the action of partition; possession alone, when it is lawful and proceeds from a just
6 title, will support it.
7 Holders of real rights in indivision may demand partition of those rights.
8 Thus, usufructuaries co-usufructuaries of the same estate can property may institute
9 among themselves the an action of partition.
10 Revision Comments - 2025
11 This provision is new. It does not change the law. It expresses the principle
12 underlying Article 1309 (1870). It is also consistent with Articles 541 and 542.
13 Despite the existence of holders of real rights in indivision, a person holding a share
14 in full ownership cannot be required to dismember that interest by the holder of a
15 right that is less than full ownership. See, e.g., Article 543.
16 SECTION 3--. IN WHAT MANNER THE OF JUDICIAL
17 PARTITION IS MADE
18 Art. 1325. Inventory within one year of partition suit. or detailed descriptive list
19 The public inventory, which may have been made by the parties interested
20 at a time not exceeding one year previous to the suit for a partition, or the detailed
21 descriptive list of the estate shall serve as the basis of the partition, unless one of the
22 heirs an heir or legatee demands a new appraisement, an appraisal and proves that
23 the effects mentioned in the inventory have not been estimated at their just price, or
24 at the value they have acquired since the date of this act inventory or detailed
25 descriptive list is not accurate.
26 Revision Comments - 2025
27 This provision is new. It does not change the law. It expresses the principle
28 underlying Article 1325 (1870). For production of a detailed descriptive list, see
29 Code of Civil Procedure Article 2952.
30 Art. 1326. New appraisement. Appraisal
31 In this case the judge is bound to order a new appraisement of the effects to
32 be divided, which shall be made by experts appointed by him to that effect, and duly
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1 sworn by the officer who is appointed to make the proces verbal of the appraisement.
2 If the inventory or detailed descriptive list is not accurate, the judge may order an
3 appraisal of the assets of the estate to be partitioned.
4 Revision Comments - 2025
5 This provision is new. It expresses the principle underlying Article 1326
6 (1870).
7 Art. 1328. Summary proceeding Proceeding for action of partition.
8 The judge, before whom the action of partition is brought, is bound to
9 pronounce thereon in a summary manner, by which is always meant with the least
10 possible delay and * in preference to the ordinary suits pending before him. Except
11 as otherwise provided by law, an action for partition is subject to the rules regulating
12 ordinary proceedings but shall be tried with preference over other ordinary
13 proceedings.
14 Revision Comments - 2025
15 This provision is new. It changes the law in part by making partition
16 proceedings ordinary proceedings but still retaining a preference over other ordinary
17 proceedings. It is based in part on Article 1328 (1870). Summary proceedings are
18 still appropriate for partitions in instances in which other laws provide for summary
19 proceedings. See Code of Civil Procedure Article 2592(5).
20 Art. 1380. Subsequent discovery of property,; amendment of partition.
21 If, after the partition, a discovery should be made of some property not
22 included in it additional property is discovered, the partition must may be amended
23 or made over again, either in totality, or of the discovered property alone to include
24 the newly discovered property.
25 Revision Comments - 2025
26 This provision is new. It does not change the law. It expresses the principle
27 underlying Article 1380 (1870). See also Article 1401.
28 SECTION 6--4. OF THE WARRANTY OF PARTITION
29 Art. 1384. Reciprocal warranty against disturbance or eviction.
30 The coheirs remain respectively bound to warrant, one to the other, the
31 property falling to each of their shares against the disturbance and eviction which
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1 they may suffer, when the disturbance or eviction proceeds from a cause anterior to
2 the partition. When an estate is partitioned, each co-owner acquires the rights and
3 incurs the obligations of a seller with respect to the thing transferred by him and
4 acquires the rights and incurs the obligations of a buyer with respect to the thing
5 transferred to him.
6 Revision Comments - 2025
7 This provision is new. It does not change the law. It expresses the principle
8 underlying Article 1384 (1870). See also Article 816.
9 * * *
10 SECTION 7 5. OF THE NULLITY OR RESCISSION OF PARTITION
11 Art. 1400. Provisional partitions involving minors, interdicts, or absent persons
12 Grounds for nullity or rescission of partition
13 But if these formalities have not been fulfilled, as the partition is only
14 considered as provisional, it is not necessary to sue for the rescission of it, but a new
15 partition may be demanded for the least lesion, which the minor, person interdicted,
16 or absent person, may have suffered. A partition may be null on the same grounds
17 as a contract of sale. It may also be rescinded for lesion if the value of the property
18 received by a co-owner is less by more than one-fourth of the fair market value of
19 the portion that the co-owner should have received.
20 Revision Comments - 2025
21 This provision is new. It is based, in part, on the principles underlying
22 Articles 1399, 1400, and 1401 through 1414 (1870).
23 Art. 1401. Omission of succession effects not cause for rescission.
24 The mere omission of a thing, belonging to the succession, of the estate is not
25 a ground for rescission, but simply for a supplementary partition or amendment of
26 the original partition.
27 Revision Comments - 2025
28 This provision is new. It does not change the law. It expresses the principle
29 underlying Article 1401 (1870). See also Article 1380.
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1 Section 3. Code of Civil Procedure Articles 81, 4622(B)(1)(b), and 4624 are hereby
2amended and reenacted to read as follows:
3 Art. 81. Action involving succession
4 When a succession has been opened judicially, until rendition of the
5 judgment of possession, the following actions shall be brought in the court in which
6 the succession proceeding is pending:
7 (1) A personal action by a creditor of the deceased;, but an action brought
8 against the deceased prior to his death may be prosecuted against his the succession
9 representative in the court in which it was brought;.
10 (2) An action to partition the succession; estate.
11 (3) An action to annul the testament of the deceased; and.
12 (4) An action to assert a right to in the succession of the deceased, either
13 under his the testament or by effect of law.
14 * * *
15 Art. 4622. Petition
16 * * *
17 B.(1) If the partition is to be made by private sale, the petition for partition
18 between the co-owners shall have first priority status by the court and shall include
19 all of the following:
20 * * *
21 (b) The name of the proposed purchaser and whether the proposed purchaser
22 is a co-owner or third party in accordance with Civil Code Article 811(B).
23 * * *
24 Art. 4624. Publication of notice
25 Notice of the institution of the proceeding shall be published at least once in
26 the parish where the partition proceeding is instituted, in the manner provided by
27 law. This notice shall set forth the title and docket number of the proceeding, the
28 name and address of the court, a description of the property sought to be partitioned,
29 and the primary terms of the private sale and shall notify the absent defendant that
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1 the plaintiff is seeking to have the property partitioned by licitation or by private sale
2 under in accordance with Civil Code Article 811, this Chapter, and Chapter 1 of this
3 Title, and that the absent defendant has fifteen days from the date of the publication
4 of notice, or of the initial publication of notice if there is more than one publication,
5 to answer the plaintiff's petition. If the property sought to be partitioned is a
6 corporeal immovable, the petitioner, contemporaneous with publication of notice,
7 shall also affix a copy of the notice in at least one prominent location on the
8 immovable.
9 Section 4. Part V of Chapter 1 of Code Title I of Code Book II of Title 9 of the
10Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:1150 through 1150.8, is
11hereby enacted to read as follows:
12 PART V. LOUISIANA UNIFORM PARTITION OF HEIRS PROPERTY ACT
13 §1150. Short title
14 This Part shall be known and may be cited as the "Louisiana Uniform
15 Partition of Heirs Property Act".
16 Revision Comments - 2025
17 It is the express goal of the Louisiana Uniform Partition of Heirs Property
18 Act to adopt the core components of the Uniform Partition of Heirs Property Act, as
19 modified to be compatible with other provisions of Louisiana law. The Act attempts
20 to address the problem "faced by many middle to low- income families who own
21 [immovable] property: dispossession of their land through a forced sale." See The
22 Uniform Partition of Heirs Property Act: A Summary. Although this Act employs
23 some of the same numeric thresholds of the Uniform Partition of Heirs Property Act,
24 the scope of applicability of this Act differs from the uniform act. See R.S. 9:1150.1.
25 §1150.1. Applicability
26 Unless otherwise agreed to in writing by all co-owners as of the time of
27 partition, the provisions of this Part shall be applicable whenever a petition to
28 partition a corporeal immovable is filed by a co-owner or co-owners owning an
29 aggregate interest of less than fifty percent of the immovable and either of the
30 following apply:
31 (1) Twenty percent or more of all co-owners are related within the eighth
32 degree, whether by consanguinity or by adoption.
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1 (2) Twenty percent or more of the remaining interest in the immovable is
2 owned by co-owners who are related within the eighth degree, whether by
3 consanguinity or by adoption.
4 Revision Comments - 2025
5 (a) This Section is based upon former R.S. 9:1113(A) and Section 2(5)(C) of
6 the Uniform Partition of Heirs Property Act. This Section modifies, however, the
7 approach of the Uniform Partition of Heirs Property Act, which is applicable only
8 if (1) there is no agreement to the contrary, one or more of the co-owners acquired
9 the property from a "relative," and any of the following applies: "(i) 20 percent or
10 more of the interests are held by cotenants who are relatives; (ii) 20 percent or more
11 of the interests are held by an individual who acquired title from a relative, whether
12 living or deceased; or (iii) 20 percent or more of the cotenants are relatives." The
13 approach of the Uniform Partition of Heirs Property Act was determined to be
14 unworkable in Louisiana. As a result, this Act alters the approach of the uniform act
15 and makes this Act applicable when the petitioning co-owners own an aggregate
16 interest of less than fifty percent of the immovable and twenty percent or more of the
17 co-owners are related within the eighth degree, whether by consanguinity or
18 adoption. In addition, the Act also applies if the petitioning co-owners own an
19 aggregate interest of less than fifty percent of the immovable and twenty percent or
20 more of the remaining interest in the property is owned by co-owners who are related
21 within the eighth degree, whether by consanguinity or adoption.
22 (b) This Act applies only to partition of corporeal immovable property to
23 which this Part applies. It is thus inapplicable to partitions of mineral rights, which
24 are incorporeal immovables. See R.S. 31:18.
25
26 (c) The provisions of this Part are not applicable to community property
27 partitions, which are governed by more specific provisions of legislation. See R.S.
28 9:2801.
29 §1150.2. Fair market value
30 A. Upon the filing of a petition to partition a corporeal immovable by a
31 co-owner subject to this Part, the court shall determine the fair market value of the
32 immovable, assuming sole ownership of the immovable.
33 B. Prior to a hearing as required by Subsection C of this Section, the court
34 shall appoint an independent, Louisiana licensed real estate appraiser to determine
35 the fair market value of the immovable. Not later than ten days after the filing of the
36 appraisal with the court, the petitioner shall send written notice informing each
37 co-owner of all of the following:
38 (1) The appraised fair market value of the immovable.
39 (2) The availability of the appraisal at the clerk's office.
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1 (3) That any co-owner may file with the court an objection to the appraisal
2 not later than thirty days after the notice is sent, stating the grounds for the objection.
3 C. Not sooner than thirty days after a copy of the notice of the appraisal is
4 sent to each co-owner, the court shall conduct an evidentiary hearing to determine
5 the fair market value of the immovable, unless by consent judgment all co-owners
6 agree on the value of the immovable as determined in accordance with this Section.
7 A suspensive appeal without security may be taken as a matter of right from a
8 written judgment rendered after an evidentiary hearing as provided in this
9 Subsection. No devolutive appeal may be taken on the issue of the fair market value
10 of the immovable.
11 Revision Comments - 2025
12 (a) This Section is based, in part, upon Section 6 of the Uniform Partition of
13 Heirs Property Act.
14 (b) Subsection A of this Section requires a court determination of the fair
15 market value of the property subject to partition. An important requirement under
16 this Act is that the fair market value of the property be the value assuming sole
17 ownership of the immovable, not a discounted value due to fractional ownership.
18 (c) Under Subsection B of this Section, the court shall appoint an appraiser
19 who is independent of all parties and who is licensed pursuant to R.S. 37:3391 et seq.
20 Within ten days after the filing of the appraisal, the petitioner must send the pertinent
21 information provided in Subsection B to all co-owners, who then have the
22 opportunity to object to the appraisal.
23 (d) After notice and an opportunity to object, an evidentiary hearing will be
24 held pursuant to Subsection C of this Section to determine the fair market value of
25 the property, unless the parties enter a consent judgment as to the value of the
26 property, in which case no hearing is required. If a hearing is held, the court may
27 consider any relevant evidence in determining the fair market value of the property,
28 including, of course, the appraised value of the property. Any co-owner may
29 suspensively appeal the court's written judgment.
30 §1150.3. Co-owners' right of first purchase
31 A. If a co-owner files a petition to partition a corporeal immovable subject
32 to this Part, the court shall allow the remaining co-owners to purchase at private sale
33 the petitioner's share. The price of the petitioner's share shall be determined by
34 multiplying the petitioner's fractional interest in the immovable by the fair market
35 value of the immovable, as determined in accordance with R.S. 9:1150.2.
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1 B. In the petition for partition, the petitioner shall allege the respective
2 ownership interests of each co-owner of the immovable and the relationship between
3 the co-owners and shall notify each other co-owner of the right to purchase the
4 co-owner's pro rata share of the petitioner's interest. The calculation of a co-owner's
5 pro rata share shall be based on the percentage of ownership of potential purchasing
6 co-owners, excluding the petitioning co-owners.
7 C. To exercise the right to purchase a pro rata share of the petitioner's
8 interest, a co-owner shall file into the record a written notice exercising the option
9 to purchase not later than:
10 (1) Fifteen days after the expiration of the delay for appealing the judgment
11 in R.S. 9:1150.2(C), if no appeal is taken.
12 (2) Fifteen days after the judgment in R.S. 9:1150.2(C) becomes final and
13 definitive, if an appeal is taken.
14 (3) Thirty days after the sending of the notice of a consent judgment, if a
15 consent judgment is rendered.
16 Revision Comments - 2025
17 (a) This Section is based upon former R.S. 9:1113(B) and Section 7 of the
18 Uniform Partition of Heirs Property Act.
19 (b) Subsection A of this Section allows all of the other co-owners to buy out
20 the co-owner seeking partition, which is a core component of the Uniform Partition
21 of Heirs Property Act. Rather than the traditional sale by auction, this sale occurs
22 by private sale of the petitioner's share for a price determined by the fair market
23 value of the property multiplied by the petitioner's fractional ownership interest.
24 (c) Subsection B of this Section requires the petitioner to allege in the petition
25 the ownership interests of all co-owners. Unlike the uniform act, which allows each
26 co-owner to buy the entire share of the petitioner, see UPHPA Section 7(b) and (c),
27 this Section is based upon former R.S. 9:1113, which allowed each co-owner to buy
28 a pro rata share of the petitioner's interest.
29 (d) Subsection C of this Section allows each co-owner the right to purchase
30 a pro rata share of the petitioner's interest, provided that the co-owner timely files
31 written notice of the desire to do so with the court. Three timeframes for exercising
32 the right to purchase are provided by Subsection C and depend upon whether a
33 consent judgment is obtained and whether an appeal is taken.
34 §1150.4. Exercise or failure to exercise option of purchase
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1 A. If none of the co-owners exercises the option to purchase a pro rata share
2 of the petitioner's interest, the court shall order partition of the entire property
3 pursuant to R.S. 9:1150.6.
4 B. If one or more but not all of the co-owners have exercised the option to
5 purchase a pro rata share, then upon the expiration of the time to file the notice
6 required in R.S. 9:1150.3(C), any co-owner who has failed to timely exercise the
7 option to purchase relinquishes the right to purchase. The relinquishment of the right
8 to purchase shall inure to the benefit of the remaining purchasing co-owners. When
9 a potential purchasing co-owner relinquishes the right to purchase, the pro rata share
10 shall be recalculated among only the remaining purchasing co-owners, excluding the
11 relinquishing co-owners. Once a co-owner relinquishes the right to purchase a pro
12 rata share, that co-owner shall not be entitled to file any subsequent notice to
13 purchase in the pending action. The petitioner shall send written notice to the
14 remaining purchasing co-owners stating the recalculated pro rata share of the
15 remaining purchasing co-owners and informing them of the right to purchase their
16 recalculated pro rata shares by filing written notice into the record not later than
17 thirty days from the sending of the notice by the petitioner. The procedures provided
18 in this Subsection shall continue until there are no outstanding shares or no
19 purchasing co-owner exercises the option to purchase a pro rata share. The court may
20 use its discretion in rounding the shares of the co-owners to the nearest hundredth
21 share. If, after completion of the process in this Subsection, an unpurchased share in
22 the immovable remains, the court shall order the sale of only the unpurchased share
23 pursuant to R.S. 9:1150.7(B).
24 C. If all of the co-owners have exercised the option to purchase their pro rata
25 shares, or if at least one co-owner has exercised the option to purchase a pro rata
26 share and no outstanding shares of the petitioner's interest remain, the court shall set
27 a date, not sooner than sixty days after the sending of the last notice in accordance
28 with Subsection B of this Section or sixty days after the sending of the last notice
29 exercising the right to purchase in R.S. 9:1150.3(C), whichever is later, by which the
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1 co-owners exercising the option to purchase their pro rata shares shall timely pay the
2 apportioned price into the registry of the court.
3 Revision Comments - 2025
4 (a) This Section is based upon former R.S. 9:1113(B) and Section 7 of the
5 Uniform Partition of Heirs Property Act. This Section specifies varying alternatives
6 when no co-owner exercises the right to purchase, when only some co-owners
7 exercise the right to purchase and outstanding shares remain, and when no
8 outstanding shares remain.
9 (b) Subsection A of this Section is applicable when no co-owner exercises the
10 right to purchase. In that case, the court proceeds to partition the entire property
11 pursuant to R.S. 9:1150.6. Subsection A also applies if no co-owner exercises the
12 right to purchase a recalculated pro rata share pursuant to Subsection B, despite an
13 initial expression of interest in purchasing a pro rata share.
14 (c) Subsection B of this Section applies if some co-owners exercise the right
15 to purchase but outstanding shares remain. In that case, a co-owner who fails to send
16 notice of the exercise of his right to purchase relinquishes that right, and the other
17 co-owners shall be notified of the recalculated share and their ability to purchase the
18 recalculated share. A second consequence of failing to exercise the right to purchase
19 is that the relinquishing co-owner is thereafter omitted from any future opportunities
20 to purchase other interests in the property. This Subsection also provides a method
21 (based upon former R.S. 9:1113(B)(3) and (4)) by which pro rata shares in the
22 property are calculated and recalculated after co-owners elect not to purchase
23 recalculated pro rata shares.
24 (d) Subsection C of this Section applies when all of the co-owners exercise
25 the right to purchase or at least one co-owner has elected to purchase the property
26 and no outstanding shares remain. In that case, the court shall set a date for the
27 payment of the apportioned price by the purchasing co-owners.
28 §1150.5. Payment of purchase price of pro rata share
29 A. If none of the co-owners exercising the option to purchase a pro rata share
30 timely pays the apportioned price into the registry of the court, the court shall order
31 partition of the entire immovable pursuant to R.S. 9:1150.6.
32 B.(1) If one or more but not all of the co-owners exercising the option to
33 purchase a pro rata share fail to timely pay the apportioned price into the registry of
34 the court, then upon the expiration of the time period in R.S. 9:1150.4(C), each
35 co-owner who has failed to timely pay the apportioned price into the registry of the
36 court relinquishes the right to purchase. The relinquishment of the right to purchase
37 shall inure to the benefit of the remaining purchasing co-owners, who shall then be
38 entitled to purchase, by pro rata share, the unpaid-for shares made available by each
39 co-owner who relinquished the right to purchase. When a potential purchasing
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1 co-owner relinquishes the right to purchase, the pro rata share of the unpaid-for
2 shares shall be calculated among only the remaining purchasing co-owners,
3 excluding the relinquishing co-owners. Once a co-owner fails to timely pay the
4 apportioned price, that co-owner shall not be entitled to file any subsequent notice
5 to purchase in the pending action. The petitioner shall send to each co-owner who
6 paid the apportioned price written notice of all of the following:
7 (a) The right to purchase a portion of the unpaid-for share of the co-owner
8 who did not pay the apportioned price.
9 (b) The price to be paid by each remaining co-owner as determined by
10 multiplying the pro rata share of each co-owner as calculated pursuant to this
11 Paragraph by the price of the unpaid-for share.
12 (c) The date on which the price shall be timely paid into the registry of the
13 court, which shall be thirty days from the sending of the notice.
14 (2) The procedures provided in this Subsection shall continue until there are
15 no unpaid-for shares or no purchasing co-owner exercises the option to purchase a
16 pro rata share. The court may use its discretion in rounding the shares of the
17 co-owners to the nearest hundredth share. If, after completion of the process in this
18 Subsection, an unpurchased share in the immovable remains, the court shall order the
19 sale of only the unpurchased share pursuant to R.S. 9:1150.7(B). With regard to the
20 remainder of the immovable, the court shall issue an order transferring the remainder
21 of the petitioner's share in the immovable to the purchasing co-owners and disburse
22 the amounts received to the petitioner.
23 C. If all of the co-owners exercising the option to purchase their pro rata
24 shares, or at least one co-owner exercising the option to purchase a pro rata share,
25 timely pays the apportioned price into the registry of the court and no unpaid-for
26 shares of the petitioner's interest remain, the court shall issue an order transferring
27 the petitioner's share in the immovable to the purchasing co-owners and disburse the
28 amounts received to the petitioner.
29 Revision Comments - 2025
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1 (a) This Section is based upon former R.S. 9:1113(B) and Section 7 of the
2 Uniform Partition of Heirs Property Act. This Section contemplates three distinct
3 situations: (i) when none of the co-owners exercising the right to purchase property
4 timely pays the apportioned price; (ii) when some but not all of the purchasing
5 co-owners timely pay their apportioned price; and (iii) when all co-owners exercising
6 the right to purchase property timely pay their apportioned price.
7
8 (b) Subsection A of this Section applies when no co-owner exercising the
9 right to purchase the property pays the apportioned price to the court. In such a case,
10 the entire property, not just the petitioner's share, is partitioned according to the
11 procedure specified in R.S. 9:1150.6.
12 (c) Subsection B of this Section applies if some but not all of the co-owners
13 exercising the right to purchase the property timely pay the apportioned price to the
14 court. In that case, a co-owner who fails to pay the apportioned price relinquishes
15 the right to purchase a pro rata share or any future shares in the property. This
16 Subsection also provides a method (based upon former R.S. 9:1113(B)(3) and (4))
17 by which pro rata shares in the property are calculated and recalculated after
18 co-owners either elect not to purchase additional shares or elect to purchase but fail
19 to timely pay the apportioned price to the court. Importantly, under this Subsection,
20 once a co-owner fails to pay the apportioned price, the co-owner is thereafter
21 removed from any future opportunities to purchase additional shares of the property.
22 Moreover, written notice must again be sent notifying the relevant parties of the right
23 to purchase additional property and the procedure for doing so. Notice under this
24 Subsection, however, is sent not to all co-owners, but only to those co-owners who
25 have exercised the right to purchase the property and who have actually paid the
26 apportioned price to the court. Finally, this Subsection also provides that if an
27 unpurchased share remains after the process provided for in this Subsection, the
28 unpurchased share shall be sold by an open-market sale, and the remaining interests
29 shall be reallocated to the co-owners and the funds disbursed to the petitioner.
30 (d) Subsection C of this Section applies if all co-owners exercising the right
31 to purchase pay the apportioned price into the registry of the court or at least one
32 co-owner exercising the option to purchase a pro rata share timely pays the
33 apportioned price into the registry of the court and no unpaid-for shares of the
34 petitioner's interest remain. In such a case, the court shall issue an order reallocating
35 the shares and distribute the amounts received to the petitioner.
36 §1150.6. Preference for partition in kind
37 A. When required by R.S. 9:1150.4(A) or 1150.5(A), the court shall order
38 partition in kind of the immovable unless the court finds that partition in kind will
39 result in manifest prejudice to the co-owners as a group.
40 B. In determining whether partition in kind may result in manifest prejudice
41 to the co-owners as a group, the court shall consider the totality of all of the
42 following factors and circumstances:
43 (1) Whether the immovable practicably can be divided among the co-owners.
44 (2) Whether partition in kind may apportion the immovable in such a way
45 that the aggregate value of all of the lots is significantly lower than the value of the
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1 immovable in a state of indivision, taking into account the condition under which a
2 court-ordered sale likely would occur.
3 (3) Evidence of the collective duration of ownership or possession of the
4 immovable by a co-owner and one or more prior co-owners related by consanguinity
5 or adoption to an existing co-owner.
6 (4) A co-owner's sentimental attachment to the immovable, including any
7 attachment arising because the immovable has familial or other unique or special
8 value to the co-owner.
9 (5) The lawful use being made of the immovable by a co-owner and the
10 degree to which the co-owner may be harmed if the co-owner could not continue the
11 same use of the immovable.
12 (6) The degree to which the co-owners have contributed their pro rata share
13 of the immovable taxes, insurance, and other expenses associated with maintaining
14 ownership of the immovable or have contributed to the physical improvement,
15 maintenance, or upkeep of the immovable.
16 (7) Any other relevant factor.
17 C. If the court does not order partition in kind due to a finding of manifest
18 prejudice to the co-owners as a group, the court shall order the sale of the immovable
19 in accordance with R.S. 9:1150.7.
20 Revision Comments - 2025
21 (a) This Section is based upon Sections 8(a) and 9 of the Uniform Partition
22 of Heirs Property Act. It applies only when another provision of this Part orders a
23 partition in kind of the entire immovable. See, e.g., R.S. 9:1150.4(A) and 1150.5(A).
24 This Section does not apply in instances in which only a fractional interest in the
25 petitioner's share is left unpurchased. See, e.g., R.S. 9:1150.5(B)(2). In those cases,
26 a court shall order an open-market sale of the unpurchased share pursuant to R.S.
27 9:1150.7(B).
28 (b) Unlike other laws regarding partition, this Section requires a court to
29 consider a series of economic and noneconomic factors in assessing whether
30 partition in kind would result in "manifest prejudice to the co-owners as a group."
31 Traditional partition law favors partition in kind unless the thing to be partitioned is
32 "insusceptible to partition in kind," in which case partition by licitation or private
33 sale is conducted. See Civil Code Article 811.
34 §1150.7. Petitioner's right of purchase; alternatives to partition in kind
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1 A. When the sale of the immovable is required by R.S. 9:1150.6(C), the
2 court shall allow the petitioner thirty days to purchase all of the other co-owners'
3 interests by paying into the registry of the court one hundred twenty-five percent of
4 the value of the other co-owners' interests as determined by multiplying the other
5 co-owners' fractional interests in the immovable by the fair market value of the
6 immovable. If the petitioner does so, the court shall issue an order transferring the
7 co-owners' shares in the immovable to the purchasing petitioner and disburse the
8 amount received to the co-owners in proportion to their interests and in the manner
9 provided in Code of Civil Procedure Article 4626.1.
10 B. If the petitioner declines to purchase the property pursuant to Subsection
11 A of this Section or if required by R.S. 9:1150.4(B) or 1150.5(B)(2), the court shall
12 order an open-market sale of the property unless the court finds that a sale by auction
13 would be more economically advantageous and in the best interest of the co-owners
14 as a group.
15 C. If the court orders an open-market sale and the parties agree on a
16 Louisiana licensed real estate broker to offer the property for sale, then the court
17 shall appoint the broker. If the parties do not agree, the court shall appoint an
18 independent, Louisiana licensed real estate broker to offer the property for sale on
19 the terms and conditions established by the court and at a price not lower than that
20 determined in accordance with R.S. 9:1150.2. The court shall establish reasonable
21 compensation to be paid to the broker.
22 D. If the broker obtains within a reasonable time an offer to purchase the
23 property for a price not lower than that determined in accordance with R.S. 9:1150.2,
24 then the court shall order a partition by private sale in accordance with Civil Code
25 Article 811 and Code of Civil Procedure Article 4607 et seq. If the broker does not
26 obtain within a reasonable time an offer to purchase the property for a price not
27 lower than that determined in accordance with R.S. 9:1150.2, then the court may do
28 any of the following:
29 (1) Approve the highest outstanding offer, if any.
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1 (2) Redetermine the value of the property and order that the property
2 continue to be offered for an additional time.
3 (3) Order that the property be sold by auction.
4 E. Sales by auction shall be conducted in accordance with R.S. 9:3151 et seq.
5 and Code of Civil Procedure Article 4607 et seq.
6 Revision Comments - 2025
7 (a) This Section is based upon Section 10 of the Uniform Partition of Heirs
8 Property Act. Subsection A of this Section, however, differs from the uniform act
9 insofar as it allows the petitioner the right to purchase the property if the co-owners
10 decline to exercise their rights to purchase the petitioner's share. In order to avoid
11 the property being sold on the open market, the petitioner may, but is not required
12 to, purchase the property at a premium of one hundred twenty-five percent of the fair
13 market value of the other co-owners' interests. If the petitioner declines to purchase
14 the property at a premium pursuant to Subsection A, the petitioner may still purchase
15 the immovable at the open-market sale or at auction pursuant to Subsections B
16 through E of this Section.
17 (b) Although the term "immovable" has been consistently used throughout
18 this Part, Subsections B through E of this Section employ the term "property" in
19 recognition of the fact that an open-market or auction sale of the entire immovable
20 may occur or, pursuant to R.S. 9:1150.5(B), a sale of only an unpurchased or an
21 unpaid-for share of the immovable may occur. The term "property" is broad enough
22 to include both the entire corporeal immovable and any incorporeal shares or
23 interests in the immovable.
24 (c) Under this Section, the fair market value of the property is determined "in
25 accordance with R.S. 9:1150.2." In some instances, this phrase should be understood
26 to refer to the fair market value of the entire immovable, but in others, it refers to the
27 applicable share of the property.
28 (d) If the property is offered for sale by a real estate broker, the broker must
29 be licensed pursuant to R.S. 37:1430 et seq. If the parties do not agree upon a
30 licensed broker, the court shall appoint an independent licensed broker to offer the
31 property for sale. In either case, the property must not be offered for a price lower
32 than the fair market value of the property. The court has discretion in setting a
33 reasonable fee to be paid to the broker.
34 (e) Subsection D of this Section establishes the procedures to be employed
35 once the property is offered for sale. In the case in which an offer to purchase the
36 property at the appropriate price is received, the sale shall be conducted pursuant to
37 the usual procedures provided in the Civil Code and the Code of Civil Procedure.
38 If an offer within a reasonable time and at the appropriate price is not received, then
39 the court has discretion as to whether to allow the sale to proceed to the highest
40 bidder, offer the property for sale for an additional time at a reassessed value, or
41 allow a sale by auction.
42 §1150.8. Partition laws; applicability
43 The provisions of Title VII of Book II of the Civil Code, Title IX of Book VII
44 of the Code of Civil Procedure, and Chapter 10 of Title 31 of the Louisiana Revised
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1 Statutes of 1950 remain applicable to the extent that they do not conflict with the
2 provisions of this Part.
3 Revision Comments - 2025
4 This Section reaffirms that the existing laws on co-ownership in the Civil
5 Code, the Code of Civil Procedure, and the Revised Statutes continue to apply to the
6 co-ownership regime and the right of partition exercised under this Part, at least to
7 the extent not otherwise displaced by this Part. Among the laws that are not
8 displaced and that continue to apply are the laws regarding the effect of a partition
9 on preexisting real rights. As a general matter, "[w]hen a thing held in indivision is
10 partitioned in kind or by licitation, a real right burdening the thing is not affected."
11 See Civil Code Article 812. On the other hand, "[w]hen a thing is partitioned by
12 licitation, a mortgage, lien, or privilege that burdens the share of a co-owner attaches
13 to his share of the proceeds of the sale." See Civil Code Article 815. See also R.S.
14 31:178 (limiting certain instances of partition in kind when land is burdened with
15 mineral rights).
16 Section 5. Civil Code Articles 1290, 1291, 1295 through 1297, 1299 through 1301,
171305, 1306, 1308, 1310 through 1315, 1318 through 1321, 1329 through 1337, 1341 through
181367, 1370 through 1373, 1378, 1379, 1382, 1385 through 1396, 1399, and 1402 through
191414 are hereby repealed in their entirety.
20 Section 6. R.S. 9:1113 is hereby repealed in its entirety.
21 Section 7. The Louisiana State Law Institute is hereby directed to renumber Chapter
2212 of Title I of Book III of the Civil Code, as amended and reenacted by Section 2 of this
23Act, sequentially starting with Article 1291 and ending with Article 1302.
24 Section 8. The provisions of Sections 1, 3, 4, and 6 of this Act shall become effective
25on January 1, 2026, and shall not apply to any action pending prior to January 1, 2026.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 175 Original 2025 Regular Session Wilford Carter
Abstract: Provides for the partition of property.
Present law (C.C. Art. 811) provides that if one or more co-owners are absent, the court may
order partition by private sale of a thing held indivision that is not susceptible to partition
in kind.
Proposed law deletes present law due to the enactment of the Louisiana Uniform Partition
of Heirs Property Act.
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HB NO. 175
Present law (C.C. Art. 1292) provides for the undivided ownership of the property of a
succession.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1293) provides for the partition of an intestate succession.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1302) provides that there is no need for the partition of a testate
succession when the testator has expressly allocated assets.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1307) provides for partition among heirs and legatees.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1309) provides for partition between possessors in common.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1325) provides for the use of an inventory for the basis of the partition
unless an appraisement is demanded.
Proposed law retains the principle and modernizes the language in present law and
additionally provides for the use of a detailed descriptive list.
Present law (C.C. Art. 1326) provides for the ordering of a new appraisement.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1328) provides for a summary proceeding for an action of partition
with the least possible delay.
Proposed law provides that partition proceedings shall be ordinary proceedings but retains
the preference provided by present law over other ordinary proceedings.
Present law (C.C. Art. 1380) provides for subsequent discovery of property and the
amendment of the partition.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1384) provides reciprocal warranties between coheirs against
disturbance and eviction.
Proposed law retains the principle and modernizes the language in present law.
Present law (C.C. Art. 1400) provides for provisional partitions involving minors, interdicts,
and absent persons and for the right to demand a new partition.
Proposed law provides for the nullity and recission of partitions on the same grounds as a
contract of sale or for lesion.
Present law (C.C. Art. 1401) provides for supplementary partitions for the omission of a
thing.
Proposed law retains the principle and modernizes the language in present law.
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HB NO. 175
Present law (C.C.P. Art. 81) provides for the actions that shall be brought within a
succession proceeding.
Proposed law retains present law and makes technical corrections.
Present law (C.C.P. Art. 4622) provides for petitions for the partition of property between
co-owners.
Proposed law deletes a cross-reference.
Present law (C.C.P. Art. 4624) provides for the publication of notice of partition
proceedings.
Proposed law retains present law and additionally requires that the notice be affixed to at
least one prominent location on the immovable.
Present law (R.S. 9:1113) provides for the partition of certain immovables when a petition
is filed by a co-owner or co-owners owning either an aggregate interest of 15% or less of the
immovable property or an aggregate interest of 20% or less of the immovable property if
there was past ownership of the whole immovable by a common ascendant.
Present law requires the court to allow the remaining co-owners to purchase at private sale
the petitioners' shares at a price determined by a court-appointed appraiser.
Proposed law repeals present law and enacts the La. Uniform Partition of Heirs Property Act
(R.S. 9:1150-1150.8).
Proposed law (R.S. 9:1150) provides a short title.
Proposed law (R.S. 9:1150.1) provides that the La. Uniform Partition of Heirs Property Act
shall be applicable when a petition to partition a corporeal immovable is filed by a co-owner
or co-owners owing an aggregate interest of less than 50% and 20% or more of the
co-owners are related or 20% or more of the remaining interest in the immovable is owned
by co-owners who are related.
Proposed law (R.S. 9:1150.2) provides for the calculation of the fair market value of the
immovable, which shall be appraised by an independent, La. licensed real estate appraiser.
Proposed law (R.S. 9:1150.3) provides for a preference for the remaining co-owners to
purchase the petitioner's share of the immovable at a private sale and requires the co-owners
to file written notice with the court of their intention to exercise the right.
Proposed law (R.S. 9:1150.4) provides varying alternatives for partition when no co-owners
exercise the right to purchase, when some but not all of the co-owners exercise the right, and
when no outstanding shares remain.
Proposed law (R.S. 9:1150.5) provides for the payment of the purchase price into the registry
of the court by the co-owners exercising the right to purchase the immovable and provides
varying alternatives when none of the co-owners timely pay, when some but not all timely
pay, and when all of the co-owners timely pay their apportioned price.
Proposed law (R.S. 9:1150.6) provides a preference for partition in kind when none of the
co-owners exercise the option to purchase a share of the petitioner's interest and when none
of the co-owners who exercised the option actually timely pay the price into the registry of
the court.
Proposed law (R.S. 9:1150.7) provides alternatives to partition in kind in certain
circumstances, including allowing the petitioner to purchase all of the other co-owners'
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interests for a premium of 125% of the value or ordering an open-market sale or sale by
auction.
Proposed law (R.S. 9:1150.8) provides that existing laws on co-ownership and partition
continue to apply to the extent that they are not displaced by the provisions of the Louisiana
Uniform Partition of Heirs Property Act.
Present law (C.C. Arts. 1290, 1291, 1295-1297, 1299-1301, 1305, 1306, 1308, 1310-1315,
1318-1321, 1329-1337, 1341-1367, 1370-1373, 1378, 1379, 1382, 1385-1396, 1399,
1402-1414) provides antiquated partition of successions rules from the 1825 and 1870 Civil
Codes.
Proposed law repeals present law.
Proposed law provides a special effective date of January 1, 2026, for the La. Uniform
Partition of Heirs Property Act.
(Amends C.C. Arts. 811, 1292, 1293, 1302, 1307, 1309, 1325, 1326, 1328, 1380, 1384,
1400, and 1401 and C.C.P. Arts. 81, 4622(B)(1)(b) and 4624; Adds R.S. 9:1150-1150.8;
Repeals C.C. Arts. 1290, 1291, 1295-1297, 1299-1301, 1305, 1306, 1308, 1310-1315,
1318-1321, 1329-1337, 1341-1367, 1370-1373, 1378, 1379, 1382, 1385-1396, 1399,
1402-1414 and R.S. 9:1113)
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