New Orleans, LA asked in Mergers & Acquisitions and Real Estate Law for Louisiana

Q: Are we entitled to acquisition prescription since my husband has lived in this home since age 12yrs (now 50)?

He is a part owner of property since his mother passed in mid 80's. Home was owned by his grandmother, his mother. her brother and very small part to his mother's half sister. Grandmother and aunt (half sister-just passed) have passed several years back and now his 2 sisters and his uncle informed us yesterday, if we do not get out they will put home up for public auction. We have never paid rent (never asked to) always paid property taxes (since 2008) and have lived in this home as it was our own. I (wife) moved in 26 years ago and have a 20 yr old son. We have always maintained and improved home, yard all necessary requirements expected. Do we have a chance?

1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth

A: First contact a local attorney in Louisiana. As a part owner, they need your consent to sell the property or they have to file a petition for partition or the equivalent in Louisiana. You question should be under real property or taking by adverse possession. The real issue in an adverse possession claim is have you lived there with or without the permission of others and has your use been open and notorious under Louisiana Law. I do not practice in Louisiana and your states laws are somewhat unique as to compared to other states. I think your best option may be to buy your husband's siblings and uncle out of the property. Again, you need to speak to a local attorney.

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