When a partition is to be made by licitation, the sale shall be conducted at public auction and after the advertisements required for judicial sales under execution. When a partition is to be made at private sale without the consent of all co-owners, the sale shall be for not less than the appraised value of the property, and documents required pursuant to a court order shall be executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, after the advertisements required for judicial sales under execution are made. All counsel of record, including attorneys appointed to represent absentee defendants, and persons appearing in proper person shall be given notice of the sale date. At any time prior to the sale, the parties may agree upon a nonjudicial partition.
Art. 4607.Partition By Licitation Or By Private Sale
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 1. General Dispositions · Last amended 2025 · Last verified July 30, 2026
In one sentenceArticle 4607 governs a judicial sale used to partition property that cannot be divided in kind, setting public-auction procedure for a partition by licitation and private-sale procedure, including a minimum price and a court-appointed representative for a nonconsenting co-owner, for a partition by private sale.
Full Text of Art. 4607
Amendment History
Amended by Acts 2025, No. 250, §3, eff. 8/1/2025. Amended by Acts 2021, No. 27, §2, eff. 6/1/2021. Amended by Acts 2020, No. 281, §2, eff. 6/11/2020. Acts 1990, No. 832, §1.
Plain-English Summary
When a court cannot order partition in kind under Article 4606, it turns to a sale instead. Louisiana calls a judicial sale to effect a partition a partition by licitation, and Article 4607 also recognizes a private-sale alternative to the traditional public auction.
A partition by licitation is a public auction, conducted after the same advertisements the law requires for a judicial sale under a writ of execution. Anyone can bid, and the proceeds, once collected, get divided among the co-owners according to their respective interests, rather than the property itself.
A private sale is available even without every co-owner's consent, but it comes with guardrails: the price cannot fall below the property's appraised value, and if an absentee or a nonconsenting co-owner needs to sign the documents the sale requires, a court-appointed representative, who may be a co-owner, signs on their behalf. The same advertisement requirements that apply to a public sale apply here too, and every counsel of record, including an attorney appointed for an absentee defendant, along with anyone appearing without counsel, has to receive notice of the sale date.
Article 4607 leaves the door open even after a court orders the sale: at any point before the sale takes place, the co-owners can still step back from the judicial process and agree on a nonjudicial partition instead.
Frequently Asked Questions
What is a partition by licitation in Louisiana?
A judicial sale by public auction used to partition property that cannot practically be divided in kind, with the proceeds divided among the co-owners according to their interests instead of the property itself.
How does a private sale differ from a partition by licitation?
A private sale does not require every co-owner's consent but must bring at least the appraised value, and a court-appointed representative signs the sale documents on behalf of an absentee or nonconsenting co-owner.
Can the co-owners still agree to divide the property privately after a court orders a sale?
Yes. Article 4607 lets the parties agree on a nonjudicial partition at any point before the sale takes place, even after a judicial sale has been ordered.
Who has to be notified before a partition sale takes place?
All counsel of record, including any attorney appointed to represent an absentee defendant, and any party appearing without counsel, must be given notice of the sale date.
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: partition by licitation LouisianaArticle 4607 Louisianaprivate sale partition Louisianajudicial sale to partition propertycourt appointed representative absentee sale