House Bill No. by Representative Wilford Carter seeks to amend the Louisiana Civil Code and Code of Civil Procedure to modernize the partition of property laws, particularly focusing on co-ownership and succession. The bill repeals outdated articles related to property partitioning and introduces the "Louisiana Uniform Partition of Heirs Property Act," which aims to protect the rights of co-owners, especially those from low to middle-income families, from forced sales of their property. Key provisions include the establishment of new sections that clarify the process for partitioning property, such as the applicability of the law when co-owners with less than fifty percent ownership file a petition, and the determination of fair market value through independent appraisals.

The legislation also introduces a right of first purchase for co-owners, allowing them to buy the petitioner's share at fair market value, and outlines procedures for handling situations where co-owners do not exercise their purchase options. It emphasizes the court's responsibility to consider various factors before deciding on partitioning methods, whether in kind or through sale. The bill aims to streamline the partition process, ensuring fair treatment for co-owners while updating the legal framework to reflect contemporary practices. It is set to take effect on January 1, 2026, maintaining existing laws on co-ownership and partition unless specifically addressed by the new act.

Statutes affected:
HB175 Original: