Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 2. Partition When Co-Owner an Absentee · Last amended 2021 · Last verified July 30, 2026
In one sentenceArticle 4622 requires a petition to partition property with an absentee co-owner to allege the facts establishing the absentee status, describe the property and ownership interests, and support the petition by affidavit, adding a detailed disclosure and same-day-payment requirement when the partition is to proceed by private sale.
A. The petition for the partition of property in which an absentee owns an interest, under the articles of this Chapter, shall allege the facts showing that the absent and unrepresented defendant is an absentee, as defined in Article 5251, shall describe the property sought to be partitioned and allege the ownership interests thereof, and shall be supported by an affidavit of the petitioner or of his counsel that the facts alleged in the petition are true.
B.
(1)If the partition is to be made by private sale, the petition for partition between the co-owners shall have first priority status by the court and shall include all of the following:
(a)The primary terms of the proposed sale.
(b)The name of the proposed purchaser and whether the proposed purchaser is a co-owner or third party in accordance with Civil Code Article 811(B).
(c)The source or location of funds to be used in the sale.
(d)If the proposed purchaser is a juridical entity, including but not limited to corporations, limited liability companies, partnerships, and sole proprietorships, and whether that entity has a relationship with any co-owner.
(e)Whether any costs associated with the sale will be paid to any person related to the petitioning co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.
(2)Upon judgment of the court ordering the sale, payment shall be made within twenty-four hours using cash or certified funds.
Amendment History
Amended by Acts 2021, No. 27, §2, eff. 6/1/2021. Amended by Acts 2020, No. 281, §2, eff. 6/11/2020.
Plain-English Summary
Because a judicial partition involving an absentee bypasses the in-kind preference and moves straight to a sale, Article 4622 asks more of the petition that starts the case. The petitioner has to allege the facts showing that the absent, unrepresented defendant qualifies as an absentee, describe the property sought to be partitioned, and allege each co-owner's ownership interest in it. An affidavit from the petitioner or counsel has to support that the facts alleged are true.
When the partition is meant to proceed by private sale rather than public auction, the petition carries added weight and gets first priority status on the court's docket. It has to spell out the primary terms of the proposed sale, name the proposed purchaser and state whether that purchaser is a co-owner or a third party, and identify the source or location of the funds paying for it.
If the proposed purchaser is a corporation, limited liability company, partnership, sole proprietorship, or another juridical entity, the petition has to disclose whether that entity has a relationship with any co-owner, and whether any sale-related costs will go to someone related to a petitioning co-owner within the fourth degree, or to an entity in which a co-owner holds a financial interest. These disclosures guard against a private sale that quietly benefits an insider at the absentee's expense. Once the court renders judgment ordering the sale, payment is due within twenty-four hours, in cash or certified funds.
Frequently Asked Questions
What has to be in a petition to partition property with an absentee co-owner?
Facts establishing the absentee status, a description of the property and the ownership interests in it, and a supporting affidavit that the alleged facts are true, under Article 4622.
What extra disclosures does a private-sale petition require?
The primary sale terms, the identity of the proposed purchaser and whether that purchaser is a co-owner or third party, the source of the purchase funds, whether a purchasing entity has a relationship with a co-owner, and whether sale-related costs benefit anyone closely related to a petitioning co-owner.
Why does a private-sale petition get priority status on the court's docket?
Because a private sale, unlike a public auction, does not test the price through open bidding, so Article 4622 moves the disclosure-heavy petition along quickly for the court's scrutiny.
How fast does payment have to be made after judgment orders the sale?
Within twenty-four hours, using cash or certified funds, under Article 4622.
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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