When the partition has been completed by the notary, he shall file his proces verbal of the partition, or a copy thereof, in the court which ordered the partition. Any party may rule all other parties into court to show cause why the partition should not be homologated or rejected.
Art. 4609.Homologation of 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 4609 requires the notary who completed a partition to file the proces verbal with the court that ordered the partition, and allows any party to rule the others into court on a rule to show cause why the partition should, or should not, be homologated.
Full Text of Art. 4609
Plain-English Summary
Homologation is the court's formal approval of a completed proceeding, a term this site's coverage of successions and tutorships also uses for the court's sign-off on a final account or similar filing. In the partition context, Article 4609 sets up the step that turns the notary's finished work into a binding, court-approved partition.
Once the notary completes the partition, the article requires the proces verbal, or a copy of it, to be filed in the court that ordered the partition in the first place. Filing alone does not finish the case; the partition still needs the court's approval.
Any party can move that process along by ruling all the other parties into court, meaning by filing a rule to show cause why the partition should, or should not, be homologated. That rule gives every co-owner a chance to weigh in before the court finalizes the division, and it sets the stage for the opposition procedure in Article 4610.
Frequently Asked Questions
What does homologation mean in a Louisiana partition case?
It means the court's formal approval of the completed partition. Once the notary files the proces verbal, the partition is not final until the court homologates it.
Who files the finished partition with the court?
The notary who completed it. Article 4609 requires the notary to file the proces verbal, or a copy of it, in the court that ordered the partition.
How does a party get the court to act on a completed partition?
By ruling all the other parties into court, meaning filing a rule to show cause why the partition should or should not be homologated.
Is a partition final once the notary completes it?
No. It still requires homologation, the court's formal approval, which follows the rule-to-show-cause process in Article 4609 and can be contested through the opposition procedure in Article 4610.
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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