When there is no contest of the partition proceeding by any defendant, the court shall allow the attorney for the plaintiff a reasonable fee for his services. Except as provided in the second paragraph of this article, the fee shall be taxed as costs of court and paid out of the mass of the funds or the property partitioned, or the proceeds of the latter if sold. No portion of the fee may be paid out of the share of any party represented in the proceeding by an attorney, whether appointed by the court or selected by the party.
Art. 4613.Attorney's Fee In Uncontested Proceedings
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 4613 requires the court to award the plaintiff's attorney a reasonable fee in an uncontested partition proceeding, taxed as costs and paid from the mass of property or funds partitioned, while barring that fee from being deducted from the share of any party who already has their own attorney in the case.
Full Text of Art. 4613
Plain-English Summary
Bringing a partition suit takes legal work even when no defendant contests it. Article 4613 recognizes that by requiring the court to award the plaintiff's attorney a reasonable fee whenever the partition proceeding goes uncontested by any defendant.
That fee is not something the plaintiff pays out of pocket and absorbs alone. It gets taxed as costs of court, paid out of the mass of the funds or property being partitioned, or out of the proceeds if the property was sold. Every co-owner sharing in the partitioned property effectively contributes toward the cost of the proceeding that made the division possible.
The article draws one clear limit on who bears that cost. No portion of the fee may come out of the share belonging to a party who is already represented in the proceeding by an attorney, whether that attorney was appointed by the court or chosen by the party. A represented co-owner is not asked to help fund the plaintiff's attorney on top of paying for representation of their own.
Frequently Asked Questions
Who pays the plaintiff's attorney fee in an uncontested Louisiana partition?
It is taxed as costs of court and paid out of the mass of the property or funds partitioned, or the sale proceeds, under Article 4613, rather than paid by the plaintiff alone.
Does every co-owner have to contribute toward the plaintiff's attorney fee?
Not if they already have their own attorney in the proceeding. Article 4613 bars deducting any part of the fee from the share of a party represented by an attorney, whether court-appointed or personally selected.
Does this attorney fee rule apply when a defendant contests the partition?
Article 4613 addresses uncontested proceedings specifically, where no defendant has contested the partition.
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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