If there should be any controversy between the parties in the course of the proceedings before the notary effecting the partition, he shall record the objections and declarations of the parties in his proces verbal. Unless otherwise ordered by the court, such objections shall not suspend the proceedings before the notary, but any party may present his objections to the court in his opposition to the homologation of the partition.
Art. 4608.Controversy Before Notary Effecting Partition
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 4608 tells the notary carrying out a partition to record any objections or declarations the parties raise during the process in a proces verbal, and provides that those objections do not suspend the proceedings unless the court orders otherwise, leaving the party free to press the objection later as an opposition to homologation.
Full Text of Art. 4608
Plain-English Summary
Assigning a notary to prepare the partition does not guarantee the co-owners will agree on every detail along the way. Article 4608 addresses what happens when a controversy arises in front of the notary while the partition is being worked out.
The notary's job is not to resolve the dispute. It is to record it: the objections and declarations of the parties go into the notary's proces verbal, the formal written record of the proceeding, so there is a documented account of what was contested and by whom.
Recording the objection does not stop the notary's work. Unless the court specifically orders otherwise, the proceedings before the notary continue despite the controversy. A party who disagrees is not without a remedy, though; that party can raise the same objection formally later, as an opposition to the homologation, or court approval, of the finished partition under Articles 4609 and 4610.
Frequently Asked Questions
What happens if the co-owners disagree while the notary is preparing the partition?
The notary records the objection or declaration in the proces verbal, the formal written record of the proceeding, under Article 4608.
Does an objection before the notary stop the partition process?
No, not unless the court orders otherwise. The notary's proceedings continue despite the objection, and the party who raised it can pursue it later as an opposition to homologation.
What is a proces verbal in a Louisiana partition?
The notary's formal written record of the partition proceedings, including any objections or declarations the parties raised while the partition was being prepared.
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: controversy before notary partition LouisianaArticle 4608 Louisianaproces verbal partitionobjecting during partition Louisiananotary partition dispute