Louisiana Civil Code

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TITLE VII - OWNERSHIP IN INDIVISION

Art. 797. Ownership of the same thing by two or more persons is ownership in indivision. In the absence of other provisions of law or juridical act, the shares of all co-owners are presumed to be equal. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 798. Co-owners share the fruits and products of the thing held in indivision in proportion to their ownership.

When fruits or products are produced by a co-owner, other co-owners are entitled to their shares of the fruits or products after deduction of the costs of production. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 799. A co-owner is liable to his co-owner for any damage to the thing held in indivision caused by his fault. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 800. A co-owner may without the concurrence of any other co-owner take necessary steps for the preservation of the thing that is held in indivision. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 801. The use and management of the thing held in indivision is determined by agreement of all the co-owners. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 802. Except as otherwise provided in Article 801, a co-owner is entitled to use the thing held in indivision according to its destination, but he cannot prevent another co-owner from making such use of it. As against third persons, a co-owner has the right to use and enjoy the thing as if he were the sole owner. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 803. When the mode of use and management of the thing held in indivision is not determined by an agreement of all the co-owners and partition is not available, a court, upon petition by a co-owner, may determine the use and management. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 804. Substantial alterations or substantial improvements to the thing held in indivision may be undertaken only with the consent of all the co-owners.

When a co-owner makes substantial alterations or substantial improvements consistent with the use of the property, though without the express or implied consent of his co-owners, the rights of the parties shall be determined by Article 496. When a co-owner makes substantial alterations or substantial improvements inconsistent with the use of the property or in spite of the objections of his co-owners, the rights of the parties shall be determined by Article 497. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 805. A co-owner may freely lease, alienate, or encumber his share of the thing held in indivision.

The consent of all the co-owners is required for the lease, alienation, or encumbrance of the entire thing held in indivision. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 806. A co-owner who on account of the thing held in indivision has incurred necessary expenses, expenses for ordinary maintenance and repairs, or necessary management expenses paid to a third person, is entitled to reimbursement from the other co-owners in proportion to their shares.

If the co-owner who incurred the expenses had the enjoyment of the thing held in indivision, his reimbursement shall be reduced in proportion to the value of the enjoyment. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 807. No one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act.

Any co-owner has a right to demand partition of a thing held in indivision. Partition may be excluded by agreement for up to fifteen years, or for such other period as provided in R.S. 9:1702 or other specific law. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991; Acts 1991, No. 349, §1]

Art. 808. Partition of a thing held in indivision is excluded when its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 809. The mode of partition may be determined by agreement of all the co-owners. In the absence of such an agreement, a co-owner may demand judicial partition. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 810. The court shall decree partition in kind when the thing held in indivision is susceptible to division into as many lots of nearly equal value as there are shares and the aggregate value of all lots is not significantly lower than the value of the property in the state of indivision. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 811. When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 812. When a thing held in indivision is partitioned in kind or by licitation, a real right burdening the thing is not affected. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 813. When a thing is partitioned in kind, a real right that burdens the share of a co-owner attaches to the part of the thing allotted to him. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 814. An extrajudicial partition may be rescinded on account of lesion if the value of the part received by a co-owner is less by more than one-fourth of the fair market value of the portion he should have received. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 815. When a thing is partitioned by licitation, a mortgage, lien, or privilege that burdens the share of a co-owner attaches to his share of the proceeds of the sale. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 816. When a thing is partitioned in kind, each co-owner incurs the warranty of a vendor toward his co-owners to the extent of his share. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 817. The action for partition is imprescriptible. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Art. 818. The provisions governing co-ownership apply to other rights held in indivision to the extent compatible with the nature of those rights. [Acts 1990, No. 990, §1, eff. Jan. 1, 1991]

Arts. 819-822. [Repealed. Acts 1977, No. 514, §1]

Arts. 823-855. [Repealed. Acts 1977, No. 170, §1]

Arts. 856-869. [Repealed. Acts 1977, No. 169, §1]