House Bill No. [insert bill number] aims to modernize and clarify the laws governing the partition of property among co-owners, particularly focusing on heirs' property. The bill introduces the Louisiana Uniform Partition of Heirs Property Act, which establishes new provisions for partitioning property when co-owners hold less than fifty percent and have familial ties. Key changes include the repeal of outdated articles related to partitioning successions, the requirement for independent appraisals of fair market value, and a preference for remaining co-owners to purchase the petitioner's share. The bill emphasizes the rights of co-owners and heirs, streamlining the process for petitions and notices related to partition actions, and ensuring protections for middle to low-income families against forced sales.

Additionally, the bill outlines specific procedures for determining property value and establishes timelines for co-owners to exercise their purchase rights. It mandates that if any shares remain unpurchased, they must be sold through an open-market sale, with proceeds distributed accordingly. The legislation also emphasizes a preference for partition in kind unless it would cause manifest prejudice to co-owners, and it includes provisions for open-market sales or auctions if necessary. The bill sets a special effective date of January 1, 2026, for the new act, ensuring that the updated provisions will govern future partition cases in Louisiana.

Statutes affected:
HB175 Original: