When a party to an action transfers an interest in the subject matter thereof, the action shall be continued by or against such party, unless the court directs that the transferee be substituted for or joined with the transferor
Art. 807.Transfer of Interest
Title III. Parties · Chapter 5. Substitution of Parties · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 807 lets a lawsuit continue by or against the original party even after that party transfers an interest in the subject matter of the suit, unless the court orders the new owner substituted for or joined with the transferor.
Full Text of Art. 807
Plain-English Summary
Parties sometimes sell, assign, or otherwise transfer their stake in whatever a lawsuit is about while the case is still pending — a piece of property at the center of a title dispute, or a claim assigned to someone else entirely. Article 807 sets the default rule for what happens to the case when that occurs: it continues by or against the original party, the transferor, as though nothing had changed.
That default avoids forcing a case to restart, or a plaintiff to chase down a moving target, every time an interest changes hands. The party who filed or was named in the suit remains the party of record, litigating on the new owner's behalf as a practical matter even without a formal substitution.
The court retains discretion to depart from that default when circumstances call for it, ordering that the transferee — the new owner of the interest — be substituted in place of the transferor, or joined alongside the transferor, if that better serves the case's resolution.
Frequently Asked Questions
What happens to my lawsuit if I sell or transfer my interest in the property or claim involved while the case is pending?
Under Article 807, the case continues by or against you, the original party, unless the court orders that the person you transferred the interest to be substituted in your place or joined with you.
Does the new owner automatically become a party to the lawsuit after a transfer?
No. Article 807's default rule keeps the case going in the name of the original party. The transferee only becomes a party if the court specifically orders substitution or joinder.
Why would a court order the transferee to be substituted or joined instead of leaving the case as is?
A court might do so when the transferee's presence would better serve the case's resolution — for example, when the transferee's own rights are directly at stake going forward and the original party no longer has a practical interest in litigating them.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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