When one of the co-owners of property sought to be partitioned is an absentee, the partition may be effected by licitation or by private sale, as provided in this Chapter, whether the property is divisible in kind or not.
Art. 4621.Partition By Licitation Or Private Sale
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 2. Partition When Co-Owner an Absentee · Last amended 2020 · Last verified July 30, 2026
In one sentenceArticle 4621 opens the chapter on partitioning property when a co-owner is an absentee by requiring the partition to proceed by licitation or by private sale under this chapter's procedure, regardless of whether the property could otherwise be divided in kind.
Full Text of Art. 4621
Amendment History
Amended by Acts 2020, No. 281, §2, eff. 6/11/2020.
Plain-English Summary
Chapter 1 of this title generally prefers dividing property in kind over selling it. Chapter 2 sets that preference aside in one specific situation: when one of the co-owners is an absentee, meaning someone whose whereabouts cannot be determined and who is not otherwise represented in the proceeding.
Article 4621 opens the chapter by stating the rule plainly. When a co-owner sought to be partitioned out is an absentee, the partition proceeds by licitation, a public auction sale, or by private sale, as this chapter provides, whether or not the property could physically be divided among the co-owners.
The reasoning tracks the added protections this whole chapter builds around an absentee co-owner. Louisiana would rather convert that co-owner's interest into a documented, court-supervised share of sale proceeds, held for their benefit under Article 4628, than leave them holding a physical piece of property they may never learn they own, or that nobody can maintain, insure, or account for on their behalf.
Frequently Asked Questions
Why does an absentee co-owner change how a Louisiana partition works?
Because an absentee cannot protect their own interest in the proceeding. Article 4621 requires the partition to proceed by licitation or private sale under Chapter 2's procedure rather than by dividing the property in kind.
Who counts as an absentee for Louisiana partition purposes?
A person whose whereabouts cannot be determined who is not otherwise represented in the proceeding. Article 4622 requires the petition to allege the facts establishing that status.
Does it matter whether the property could physically be divided?
No. Article 4621 requires a licitation or private sale whether or not the property is divisible in kind, once one of the co-owners is an absentee.
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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