A partition proceeding shall be tried with preference over other ordinary proceedings. After the trial of the proceeding, if the court finds that the plaintiff is entitled to a partition of the property, the court shall appoint a notary to make the partition in accordance with law. Except as otherwise provided in Article 4606, the court has discretion to direct the manner and conditions of effecting the partition, so that it will be most advantageous and convenient to the parties.
Art. 4605.Preference; Appointment of Notary; Discretion of Court
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4605 puts partition proceedings on a preferred trial schedule ahead of other ordinary proceedings, requires the court to appoint a notary to carry out the partition once it finds the plaintiff entitled to one, and gives the court discretion over how the partition is carried out, subject to the partition-in-kind preference in Article 4606.
Full Text of Art. 4605
Plain-English Summary
Article 4605 moves a partition case along on two fronts once it is filed. First, it entitles the proceeding to preference in the trial calendar, meaning it should be tried ahead of ordinary civil cases competing for the same court's time. Louisiana law does not want a co-ownership dispute to linger on a crowded docket.
Second, once the trial establishes that the plaintiff is entitled to a partition, the court does not carry out the division itself. It appoints a notary, a licensed professional under Louisiana law who prepares acts and documents with legal effect, to make the partition. The notary's role, and the process for handling disagreements that come up along the way, gets fleshed out in the articles that follow.
Between the finding of entitlement and the notary's finished work, the court retains discretion to direct how and under what conditions the partition happens, choosing whatever approach is most advantageous and convenient for the parties. That discretion has one fixed boundary: Article 4606's preference for partition in kind over a forced sale, which the court cannot bypass just because a sale might be more convenient to administer.
Frequently Asked Questions
Do partition cases get priority on a Louisiana court's docket?
Yes. Article 4605 gives a partition proceeding preference for trial over other ordinary proceedings.
Who carries out the partition once the court rules?
A notary the court appoints after finding the plaintiff entitled to a partition. The notary prepares the partition itself, and later articles govern disputes that arise during that process and how the finished partition gets approved.
How much discretion does the court have over how the partition is carried out?
Substantial discretion to direct the manner and conditions of the partition so it works best for the parties, except that the court cannot override Article 4606's preference for dividing the property in kind rather than selling it.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: preference partition trial Louisianaappointment of notary partition LouisianaArticle 4605 Louisianacourt discretion partition mannernotary partition property Louisiana