A. Except as otherwise provided in Article 4630, if the petitioner proves on the trial of the proceeding that he is a co-owner of the property and entitled to the partition thereof and that the defendant is an absentee who owns an interest therein, the court shall render judgment ordering either the public sale of the property for cash by the sheriff to effect a partition, after the advertisement required by law for a sale under execution or the private sale of the property executed on behalf of the absentee or nonconsenting co- owner by a court-appointed representative, who may be a co-owner, under this Chapter and Chapter 1 of this Title, and after the advertisement required by law for a sale under execution. B. The judgment shall determine the absentee's share in the proceeds of the sale, and award a reasonable fee to the attorney appointed to represent him to be paid from the absentee's share of the proceeds of the sale.
Art. 4625.Trial; Judgment Ordering Sale
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 4625 has the court order either a public sale by the sheriff or a private sale by a court-appointed representative once the petitioner proves co-ownership, entitlement to partition, and the defendant's status as an absentee co-owner, and requires the judgment to fix the absentee's share of the proceeds and the fee owed to the appointed attorney.
Full Text of Art. 4625
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
Trial in an absentee partition case asks the petitioner to prove three things: that the petitioner is a co-owner of the property, that the petitioner is entitled to a partition of it, and that the defendant is an absentee who owns an interest in that same property. Article 4625 sets what the court does once that proof comes in.
Unless Article 4630 changes the outcome because the absentee turns out to have appeared and requested partition in kind, the judgment orders a sale rather than a physical division. That sale can take one of two forms: a public sale for cash conducted by the sheriff, after the advertising the law requires for a sale under execution, or a private sale executed on the absentee's behalf by a court-appointed representative, who may be a co-owner, following the same advertising requirement.
The judgment does more than order the sale. It also determines what share of the proceeds belongs to the absentee, and it awards a reasonable fee to the attorney appointed to represent the absentee, to be paid out of that same share. Article 4628 then governs how that share, net of the fee and other deductions, gets held for the absentee's benefit.
Frequently Asked Questions
What does the petitioner have to prove at trial in an absentee partition case?
That the petitioner is a co-owner of the property, is entitled to a partition, and that the defendant is an absentee who owns an interest in it, under Article 4625.
Does the judgment order a public or private sale?
Either, depending on the case. Article 4625 allows a public sale by the sheriff after advertisement, or a private sale executed by a court-appointed representative on the absentee's behalf.
How does the appointed attorney get paid for representing the absentee?
The judgment awards a reasonable fee to the attorney, paid from the absentee's share of the sale proceeds, under Article 4625.
Is a sale always the outcome once the trial proves these facts?
Not always. Article 4630 provides an exception when the property is divisible in kind and the defendant appears and timely answers through counsel of the defendant's own selection, asking for partition in kind instead.
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
Also known as: judgment ordering sale absentee partition LouisianaArticle 4625 Louisianatrial absentee co-owner partitionpublic sale by sheriff partition Louisianaabsentee share of sale proceeds