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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54983
Experience:  29 years of experience practicing law, including tax and estate planning.
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How can I get a force to sale on house property in Louisiana

Customer Question

How can I get a force to sale on house property in Louisiana that I and 2 brothers own? I have paid property taxes alone for 20 years. Now brother moved in house february 2014 without discussing with me. He won't pay property taxes that were due December 31st 2015.
He believes I should continue to pay. Neither brother has paid one dime on repairs or taxes for all these years.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

You can force the sale by filing a suit for partition. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit.

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