TITLE VII. OWNERSHIP IN INDIVISION Art. 797. Ownership in indivision; definition 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. Right to fruits and products 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. […]
Art. 799. Liability of a co-owner 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. Preservation of the thing 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. Use and management by agreement 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. Right to use the thing 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 […]
Art. 803. Use and management of the thing in the absence of agreement 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 […]
Art. 804. Substantial alterations or improvements 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 […]
Art. 805. Disposition of undivided share 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. Expenses of maintenance and management 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 […]
Art. 807. Right to partition; exclusion by agreement 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 […]
Art. 808. Partition excluded 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. Judicial and extrajudicial partition 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. Partition in kind 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 […]
Art. 811. Partition by licitation or by private sale A. When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or, as provided in Paragraph B of this Article, by private sale and the proceeds shall be distributed to the co-owners in proportion to […]
Art. 812. Effect of partition on real rights 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. Partition in kind 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. Rescission of partition for lesion 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. Partition by licitation 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. Partition in kind; warranty 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.
