Except as otherwise provided by law, or unless the property is indivisible by nature or cannot conveniently be divided, the court shall order the partition to be made in kind.
Art. 4606.Partition In Kind
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 4606 states Louisiana's default preference for dividing co-owned property physically among the co-owners, called partition in kind, and allows the court to order a sale instead only when the property is indivisible by nature or cannot conveniently be divided, or where another law provides otherwise.
Full Text of Art. 4606
Plain-English Summary
When co-owners cannot agree on how to split property and a court has to decide, Louisiana law leans toward keeping the property itself rather than converting it into cash. Article 4606 makes partition in kind, the physical division of the property among the co-owners, the court's ordered outcome unless a recognized exception applies.
Two exceptions let the court order a sale instead. The property might be indivisible by nature, meaning splitting it up would destroy or seriously reduce its value or usefulness, such as a single house on one lot. Or the property, while theoretically divisible, cannot conveniently be divided in a way that gives each co-owner a fair, workable share. A third exception is broader: any other law that displaces the in-kind preference for a particular kind of property or proceeding, such as Chapter 2's treatment of an absentee co-owner.
This preference reflects a broader civil-law principle running through the partition articles: co-owners keep more of what they own, and lose less to the costs and uncertainty of a forced sale, whenever an in-kind division is workable. The alternative, a sale by licitation or private sale, is addressed in Article 4607.
Frequently Asked Questions
Does Louisiana law prefer dividing property over selling it in a partition?
Yes. Article 4606 makes partition in kind, physically dividing the property among the co-owners, the default outcome unless the property cannot practically be divided or another law says otherwise.
What makes property 'indivisible by nature' under Louisiana partition law?
Property whose physical division would destroy or seriously undercut its value or usefulness, such as a single structure that cannot be split into separate, functional shares.
When does a court order a sale instead of dividing the property in kind?
When the property is indivisible by nature, cannot conveniently be divided among the co-owners, or when another law, such as the rules for an absentee co-owner in Chapter 2, calls for a sale instead.
What is the alternative to partition in kind?
Partition by licitation or private sale, addressed in Article 4607, where the property is sold and the co-owners divide the proceeds instead of the property itself.
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
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