When a rule to reject the partition, or an opposition to its homologation, is sustained in whole or in part, the court shall rectify the partition, or refer the parties to the same or another notary who shall prepare a supplementary act of partition in conformity with the order of the court. Articles 4609 and 4610 apply to this supplementary partition.
Art. 4611.Supplementary Partition When Rule to Reject Or Opposition to Homologation Sustained
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 4611 directs the court to rectify the partition itself, or to refer the parties to a notary for a supplementary act of partition conforming to the court's order, whenever a rule to reject the partition or an opposition to its homologation is sustained in whole or in part.
Full Text of Art. 4611
Plain-English Summary
Sustaining an opposition or a rule to reject does not void the whole partition and force everyone to start over. Article 4611 gives the court a more measured set of options once it finds the challenge has merit, in whole or in part.
The court can rectify the partition directly, correcting whatever the successful challenge identified as flawed. Or it can refer the parties back to the same notary who handled the original partition, or to a different one, to prepare a supplementary act of partition that conforms to the court's order fixing the problem.
That supplementary partition is not exempt from the process that produced the first one. Article 4611 expressly applies Articles 4609 and 4610 to it, meaning the supplementary act still has to be filed with the court and is still subject to homologation and a fresh opportunity for opposition.
Frequently Asked Questions
What happens if a court sustains an opposition to a partition?
The court either rectifies the partition itself or refers the parties to a notary to prepare a supplementary act of partition that conforms to the court's order, under Article 4611.
Does sustaining an opposition void the entire partition?
Not necessarily. Article 4611 applies whether the rule to reject or opposition is sustained in whole or only in part, and the remedy is a correction or a supplementary partition rather than an automatic restart.
Does a supplementary partition go through homologation again?
Yes. Article 4611 applies Articles 4609 and 4610 to the supplementary partition, so it still has to be filed and is still subject to a fresh opposition.
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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