reglab/housing_qa huggingface dataset:
LA Civ Code art. 1281 (2021)
2021 Louisiana Laws|Civil Code|Art. 1281. Alienation of immovable by donee by onerous title; creation of real right in immovable by donee or operation of law

A. If the donee who owes the collation has alienated by onerous title the immovable given to him, the coheirs shall not have the right to claim the immovable in the hands of the transferee. B. If the donee who owes the collation has created a real right by onerous title in the immovable given to him or such right has been created by operation of law since the donee received the immovable, the coheirs may claim the immovable in the hands of the donee but subject to such real right as has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property. Amended by Acts 1981, No. 739, §1. Acts 1984, No. 869, §1.
LA Civ Code art. 1282 (2021)
2021 Louisiana Laws|Civil Code|Art. 1282. Purchaser's retention of immovable upon payment of collations.

The third purchaser or possessor of the real estate subject to collation may avoid the effect of the action of revendication, by paying to the coheirs of the donee, to whom the collation is due, to wit: the excess of the value of the property above the disposable portion, if the donation has been made as an advantage or extra portion, or the whole of the value thereof, if the donation has been made without this provision, by fulfilling in this respect all the obligations by which the donee himself was bound towards the coheirs.
LA Civ Code art. 1283 (2021)
2021 Louisiana Laws|Civil Code|Art. 1283. Collation of movables.

When movables have been given, the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to their appraised value at the time of the donation, if there be any annexed to the donation. In default thereof, recourse may be had to other evidence to establish the value of these movables at the time of the donation.
LA Civ Code art. 1284 (2021)
2021 Louisiana Laws|Civil Code|Art. 1284. Donation of movables as absolute transfer of rights.

Therefore the donation of movables contains an absolute transfer of the rights of the donor to the donee in the movables thus given.
LA Civ Code art. 1285 (2021)
2021 Louisiana Laws|Civil Code|Art. 1285. Collation of money.

The collation of money may be made in money or by taking less, at the choice of the donee who is bound to decide thereon, in the same manner as is prescribed for the collation of immovable property.
LA Civ Code art. 1286 (2021)
2021 Louisiana Laws|Civil Code|Art. 1286. Collation of movables or money by taking less; payment in money.

If it be movables or money, of which the donee wishes to make the collation by taking less, he has the right of compelling his coheirs to pay themselves the collation due to them in money, and not otherwise, if there be sufficient in the succession to make these payments with.
LA Civ Code art. 1287 (2021)
2021 Louisiana Laws|Civil Code|Art. 1287. Collation of movables or money by taking less; payment in succession effects.

But if there is not sufficient money in the succession to pay such heirs the collation due to them, they shall pay themselves by taking an equivalent in the other movables or immovables of the succession, as is directed with respect to the collation of immovable property.
LA Civ Code art. 1288 (2021)
2021 Louisiana Laws|Civil Code|Art. 1288. Payment of collation by donee where succession effects insufficient.

In case there be no property or effects in the succession to satisfy the collations due for movables or money given, the donee shall have, for the payment of the sum due to his coheirs, the same terms of payment as are given for the payment of the amount of collations of immovable property, and under the same conditions as are before prescribed.
LA Civ Code art. 1290 (2021)
2021 Louisiana Laws|Civil Code|Art. 1290. Extent and application of rules; venue of action.

All the rules, established in the present chapter, with the exception of that which relates to the collations, are applicable to partitions between coproprietors of the same thing when among the coproprietors any are absent, minors, or interdicted, or when the coproprietors of age and present can not agree on the partition and on the manner of making it. But in these kinds of partitions the action must be brought before the judge of the place where the property to be divided is situated, wherever the parties interested may be domiciliated.
LA Civ Code art. 1291 (2021)
2021 Louisiana Laws|Civil Code|Art. 1291. Venue of action where property partly in different parishes.

Whenever two or more persons shall be coproprietors of one continuous tract of land situated partly in different parishes, any one or more of the coproprietors may institute an action for partition of the whole of the tract in any one of such parishes.
LA Civ Code art. 1292 (2021)
2021 Louisiana Laws|Civil Code|Art. 1292. Undivided ownership rights until partition.

When a person, at his decease, leaves several heirs, each of them becomes an undivided proprietor of the effects of the succession, for the part or portion coming to him, which forms among the heirs a community of property, as long as it remains undivided.
LA Civ Code art. 1293 (2021)
2021 Louisiana Laws|Civil Code|Art. 1293. Partition of a succession, definition.

The partition of a succession is the division of the effects, of which the succession is composed, among all the coheirs, according to their respective rights.
LA Civ Code art. 1295 (2021)
2021 Louisiana Laws|Civil Code|Art. 1295. Definitive and provisional partitions, definitions.

Every partition is either definitive or provisional: Definitive partition is that which is made in a permanent and irrevocable manner; Provisional partition is that which is made provisionally, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition.
LA Civ Code art. 1296 (2021)
2021 Louisiana Laws|Civil Code|Art. 1296. Definitive and provisional partitions, distinguished.

By definitive partition is also understood the judicial partition, made according to law; and by provisional partition, that in which the formalities prescribed by law have not been observed, or that by which the parties are not definitively bound.
LA Civ Code art. 1297 (2021)
2021 Louisiana Laws|Civil Code|Art. 1297. Stipulations against partition.

It can not be stipulated that there never shall be a partition of a succession or of a thing held in common. Such a stipulation would be null and of no effect.
LA Civ Code art. 1299 (2021)
2021 Louisiana Laws|Civil Code|Art. 1299. Perpetual prohibition against partition by donor.

A donor or testator can not order that the effects given or bequeathed by him to two or more persons in common, shall never be divided, and such a prohibition would be considered as if it were not made.
LA Civ Code art. 1300 (2021)
2021 Louisiana Laws|Civil Code|Art. 1300. Limited or conditional prohibition against partition by donor.

But a donor or testator can order that the effects given or bequeathed by him, be not divided for a certain time, or until the happening of a certain condition. But if the time fixed exceed five years, or if the condition do not happen within that term, from the day of the donation or of the opening of the succession, the judge, at the expiration of this term of five years, may order the partition, if it is proved to him that the coheirs can not agree among themselves, or * differ as to the administration of the common effects. * Note error in English translation of French text; "that the coheirs can not agree among themselves, or" should be "that the indivision is a cause of disagreement between the coheirs, or that they."
LA Civ Code art. 1301 (2021)
2021 Louisiana Laws|Civil Code|Art. 1301. Testator's right to prohibit partition during minority of heirs.

If the father or other ascendant orders by his will that no partition shall be made among his minor children or minor grandchildren inheriting from him, during the time of their minority, this prohibition must be observed, until one of the children or grandchildren comes of age, and demands the partition.
LA Civ Code art. 1302 (2021)
2021 Louisiana Laws|Civil Code|Art. 1302. Testamentary partition

There is no occasion for partition, if the deceased has regulated it between his lawful heirs, or strangers, or if the deceased has expressly delegated the authority to his executor to allocate specific assets to satisfy a legacy expressed in terms of a quantum or value; and in such case the judge must follow the will of the testator or his executor. The same thing takes place when the testator has expressly assigned specific assets of his estate, or delegated the authority to assign specific assets of his estate, in satisfaction of the forced portion of his children. Amended by Acts 1982, No. 448, §1.
LA Civ Code art. 1305 (2021)
2021 Louisiana Laws|Civil Code|Art. 1305. Prescription where possession is separate.

When one of the heirs has enjoyed the whole or part of the succession separately, or all the coheirs have possessed separately each a portion of the hereditary effects, he or they who have thus separately possessed, can successfully oppose the suit for a partition of the effects of the succession, if their possession has continued thirty years without interruption.
LA Civ Code art. 1306 (2021)
2021 Louisiana Laws|Civil Code|Art. 1306. Prescription where one heir possesses separately and others possess in common.

If there be but one of the heirs who has separately enjoyed a portion of the effects of the succession during thirty years, and all the other heirs have possessed the residue of the effects of the succession in common, the action of partition among the latter will always subsist.
LA Civ Code art. 1307 (2021)
2021 Louisiana Laws|Civil Code|Art. 1307. Partition between heirs and legatees.

A partition may be sued for by any heirs, testamentary or ab intestato. It can also be sued for by any universal legatee or legatee under an universal title, and even by a particular legatee, when a thing has been bequeathed to him in common with one or more persons.
LA Civ Code art. 1308 (2021)
2021 Louisiana Laws|Civil Code|Art. 1308. Partition between owners in common.

The action of partition will not only lie between co-heirs and co-legatees, but * between all persons who hold property in common, from whatever cause they may hold in common. Amended by Acts 1871, No. 87. * English translation of French text incomplete; should include "also."
LA Civ Code art. 1309 (2021)
2021 Louisiana Laws|Civil Code|Art. 1309. Partition between possessors in common.

It is not indispensable to be owner in common in order to be able to support the action of partition; possession alone, when it is lawful and proceeds from a just title, will support it. Thus, usufructuaries of the same estate can institute among themselves the action of partition.
LA Civ Code art. 1310 (2021)
2021 Louisiana Laws|Civil Code|Art. 1310. Nature of possession required.

But the possession, necessary to support this action, must be in the names of the persons enjoying it, and for themselves; it can not be instituted by those who possess in the name of another, as tenants and depositaries.
LA Civ Code art. 1311 (2021)
2021 Louisiana Laws|Civil Code|Art. 1311. Action maintainable by one or more co-owners.

Partitions can be sued for not only by the majority of the heirs, but by each of them, so that one heir alone can force all the rest to a partition at his instance.
LA Civ Code art. 1312 (2021)
2021 Louisiana Laws|Civil Code|Art. 1312. Partition suits by tutors and curators.

Tutors of minors, and curators of persons interdicted have the right to institute in their names suits for the partition of the effects of successions, whether movable or immovable, falling to minors or persons interdicted, provided they are specially authorized by the judge on the advice of the family meeting.
LA Civ Code art. 1313 (2021)
2021 Louisiana Laws|Civil Code|Art. 1313. Partition suits by emancipated minors.

Minors who are emancipated to enable them to administer their estate can, with the same authorization and with the assistance of their curators ad lites, sue for the partition of property in which they are interested.
LA Civ Code art. 1314 (2021)
2021 Louisiana Laws|Civil Code|Art. 1314. Defense of suits by tutors, curators and emancipated minors.

But the authorization of the judge is not necessary to enable tutors or curators of minors or persons interdicted or minors emancipated, to answer suits for partition brought against them.
LA Civ Code art. 1315 (2021)
2021 Louisiana Laws|Civil Code|Art. 1315. Partition suits by curators of absent heirs.

With regard to the absent coheirs, the curators who have been appointed to them, or the relations who have been put into possession of their effects, can sue or be sued for a partition as representing in every respect the absent heirs.
LA Civ Code art. 1318 (2021)
2021 Louisiana Laws|Civil Code|Art. 1318. Partition by or against heir or successor of co-owner.

Not only the coheir himself, but the heirs of that coheir, and any other successor can compel a partition of the estate, * and be themselves compelled to make it. * Note error in English translation of French text; "estate" should be "succession."
LA Civ Code art. 1319 (2021)
2021 Louisiana Laws|Civil Code|Art. 1319. Retrocession repealed.

The right given by the ancient laws to the heirs of a deceased person, to compel the assignee or purchaser of a portion of the succession sold by their coheirs to retrocede it to them for the price paid for it, is repealed.
LA Civ Code art. 1320 (2021)
2021 Louisiana Laws|Civil Code|Art. 1320. Ownership as basis for action of partition.

It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.
LA Civ Code art. 1321 (2021)
2021 Louisiana Laws|Civil Code|Art. 1321. Separate possession of one co-owner, partition before prescription.

It follows from the provisions of the preceding article that the partition can be demanded, even though one of the heirs should have enjoyed some part of the estate * separately, if there has been no act of partition, nor possession sufficient to acquire prescription. * Note error in English translation of French text; "estate" should be "effects of the succession."
LA Civ Code art. 1325 (2021)
2021 Louisiana Laws|Civil Code|Art. 1325. Inventory within one year of partition suit.

The public inventory, which may have been made by the parties interested at a time not exceeding one year previous to the suit for a partition, shall serve as the basis of the partition, unless one of the heirs demands a new appraisement, and proves that the effects mentioned in the inventory have not been estimated at their just price, or at the value they have acquired since the date of this act.
LA Civ Code art. 1326 (2021)
2021 Louisiana Laws|Civil Code|Art. 1326. New appraisement.

In this case the judge is bound to order a new appraisement of the effects to be divided, which shall be made by experts appointed by him to that effect, and duly sworn by the officer who is appointed to make the proces verbal of the appraisement.
LA Civ Code art. 1328 (2021)
2021 Louisiana Laws|Civil Code|Art. 1328. Summary proceeding for action of partition.

The judge, before whom the action of partition is brought, is bound to pronounce thereon in a summary manner, by which is always meant with the least possible delay and * in preference to the ordinary suits pending before him. * English translation of French text incomplete; should include "by deciding this kind of cases."
LA Civ Code art. 1329 (2021)
2021 Louisiana Laws|Civil Code|Art. 1329. Parties plaintiff and defendant.

The suit for partition ought to be instituted by the heir who wishes the division; the coheirs or their representatives must be cited, in order that the partition may be ordered, and the form thereof determined, if there should be any dispute in this respect.
LA Civ Code art. 1330 (2021)
2021 Louisiana Laws|Civil Code|Art. 1330. Plaintiff's admission of defendant's heirship.

He who sues another for a partition of the effects of a succession, confesses thereby that the person against whom the suit is brought is an heir.
LA Civ Code art. 1331 (2021)
2021 Louisiana Laws|Civil Code|Art. 1331. Collation in action of partition; time for deliberating.

If a partition is to be made among the children or descendants of the deceased, and one of the heirs alleges that his coheir is bound to collate an immovable, which has been given him by the deceased, and requires that his coheir should decide on the manner in which he wishes to make this collation, the judge, if it be proved * that the coheir is bound to collate the property, shall order that the donee decide thereon, within a term to be fixed by the judge, which can not exceed three days from the day on which the order has been notified to him, if he or his representative is found in the place. * English translation of French text incomplete; should include "or confessed."
LA Civ Code art. 1332 (2021)
2021 Louisiana Laws|Civil Code|Art. 1332. Election to collate in kind.

If the donee, who is bound to collate an immovable given him by the deceased, declare within the term fixed, as aforesaid, that he will return it in kind, the property, from that instant, becomes united to the other effects of the succession which is to be divided.
LA Civ Code art. 1333 (2021)
2021 Louisiana Laws|Civil Code|Art. 1333. Election to collate by taking less; failure to elect.

But if the donee declare that he will not return the immovable property which has been given him, but will take his share in the effects of the succession, after deducting the value of such immovable property, or if he permits the term, granted to him to make his decision, to expire, without deciding on the manner in which he will make his collation, he shall lose the right of returning this property in kind.
LA Civ Code art. 1334 (2021)
2021 Louisiana Laws|Civil Code|Art. 1334. Appraisement of property to be collated.

Whether the donee has decided that he will collate in kind or by taking less, the coheirs, to whom the collation is due, have the right, as soon as the donee has decided thereon, to require and obtain an order that the property subject to the collation be appraised, as is prescribed in the following section, in order that it may be included among the effects to be divided for the sum at which it is appraised.
LA Civ Code art. 1335 (2021)
2021 Louisiana Laws|Civil Code|Art. 1335. Matters incidental to partition; procedure.

All points, arising before the judge having cognizance of the suit for partition, on the manner of making the collation or other operations relating to the partition, being merely incidental to the suit, shall be decided on the simple motion of the party interested in having them decided, the same being duly notified to the other heirs or their attorneys, and a reasonable time being granted to answer thereto.
LA Civ Code art. 1336 (2021)
2021 Louisiana Laws|Civil Code|Art. 1336. Judicial regulation of mode of partition.

The judge who decides on a suit for a partition and on the mode of effecting it, has a right to regulate this mode as may appear to him most convenient and most advantageous for the general interest of the co-heirs, in conformity, nevertheless, with the following provisions.
LA Civ Code art. 1337 (2021)
2021 Louisiana Laws|Civil Code|Art. 1337. Partition in kind; sale of movables to pay debts.

Each of the coheirs may demand in kind his share of the movables and immovables of the succession; but if there are creditors who have made any seizure or opposition, or if a majority of the coheirs are of opinion that the sale is necessary in order to satisfy the debts and charges of the succession, the movables shall be sold at public auction, after the usual advertisements.
LA Civ Code art. 1341 (2021)
2021 Louisiana Laws|Civil Code|Art. 1341. Terms of sale of succession effects where all heirs are absent or minors.

When the effects of a succession are to be sold, in order to effect a partition, if all the heirs of the deceased are absent, minors or interdicted, the judge may, at the instance of the tutors and curators of these heirs, and on the advice of the family meeting of those of the heirs who are minors or interdicted, order the sale to be made on certain terms of credit and on proper security, unless the payments of the debts of the succession require that the sale be made for cash.
LA Civ Code art. 1342 (2021)
2021 Louisiana Laws|Civil Code|Art. 1342. Terms of sale of succession effects where heirs present demand sale for cash.

If there be, among the heirs of the deceased, any who are of age and present, and who demand that the sale be made for cash, it shall be made for cash, for a sufficient sum to cover the portion coming to them, and on a credit for the balance, on the terms prescribed by the other heirs. But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the whole sum to be paid, * eight per cent. per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced. * English translation of French text incomplete; should include "on credit."
LA Civ Code art. 1343 (2021)
2021 Louisiana Laws|Civil Code|Art. 1343. Partition sale; coheir's right to purchase hereditary portion.

Any coheir of age, at the sale of the hereditary effects, can become a purchaser to the amount of the portion owing to him from the succession, and he is not obliged to pay the surplus of the purchase money over the portion coming to him, until this portion has been definitely fixed by a partition.
LA Civ Code art. 1344 (2021)
2021 Louisiana Laws|Civil Code|Art. 1344. Partition sale; purchase of minor's hereditary portion by tutor or curator.

The minor coheirs may also become purchasers of the hereditary effects, by the intervention of their tutors or curators, or by their assistance, if they have been specially authorized thereto by the judge, with the advice of the family meeting.
LA Civ Code art. 1345 (2021)
2021 Louisiana Laws|Civil Code|Art. 1345. Reference to recorder or notary for continuation of proceedings.

When the judge has ordered the partition, and regulated the manner in which it shall be made, as well as the collations, if the case require it, he shall refer the parties to the recorder of the parish or a notary appointed by him to continue the judicial partition to be made between them.
LA Civ Code art. 1346 (2021)
2021 Louisiana Laws|Civil Code|Art. 1346. Amicable continuation of proceedings by heirs.

If the heirs who have instituted the suit for partition be of age and present, and the judge has fixed the mode of making it, whether in kind or otherwise, nothing shall prevent the heirs from continuing their partition amicably and in the manner they think proper.
LA Civ Code art. 1347 (2021)
2021 Louisiana Laws|Civil Code|Art. 1347. Notice to parties.

The officer appointed to make the partition is bound, within fifteen days at farthest from the notice of his appointment, to notify the heirs or their representatives, in writing, of the day, hour, and place in which he is to commence his work, sufficient time previous thereto, to enable them to attend, if they think proper.
LA Civ Code art. 1348 (2021)
2021 Louisiana Laws|Civil Code|Art. 1348. Continuances of proceedings.

As the business of partitions sometimes requires several days, the officer may divide his proces verbal, and make as many vacations or sittings as he thinks proper. Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
LA Civ Code art. 1349 (2021)
2021 Louisiana Laws|Civil Code|Art. 1349. Settlement of accounts due by heirs to succession.

On the day appointed for the partition, the officer shall begin by settling the accounts, which each of the heirs may owe to the succession.