Dominique and her brother, Fernand, inherit their parents' home in New Orleans as co-owners, each holding an undivided one-half interest. Fernand wants to sell his share but Dominique refuses. Under Louisiana law, what is Fernand's most appropriate legal remedy?
Correct Answer
A) Fernand may force a partition of the property through a court action
Under Louisiana Civil Code Art. 807, a co-owner may demand partition of co-owned property at any time. No co-owner can be compelled to remain in indivision indefinitely. Fernand may file a suit for partition, which can result in either a partition in kind (physical division) or a partition by licitation (sale at auction with proceeds divided) if the property cannot be conveniently divided.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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