After deducting the portion of the court costs and expenses of the sale to be paid by the absentee, the fee awarded by the court to the attorney appointed to represent him, and any amount required by the judgment to be paid a co-owner, the absentee's share of the proceeds of the sale shall be deposited into the registry of the court for the account of the absentee, his succession representative or heirs. This deposit may be withdrawn only on order of the court, in accordance with the law regulating such deposits.
Art. 4628.Deposit of Absentee's Share Into Registry of Court
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 2. Partition When Co-Owner an Absentee · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4628 requires the absentee's share of the partition sale proceeds, after deducting costs, expenses, the appointed attorney's fee, and any amounts due other co-owners, to be deposited into the registry of the court for the absentee's account, withdrawable only by court order.
Full Text of Art. 4628
Plain-English Summary
Once the sale closes and the judgment's deductions are calculated, the absentee's money does not go to anyone who might claim to act on the absentee's behalf. Article 4628 sends it somewhere safer: the registry of the court itself.
Before that deposit happens, several deductions come out of the absentee's share: the portion of court costs and sale expenses the absentee owes, the fee the court awarded to the attorney appointed to represent the absentee, and any amount the judgment requires paid to another co-owner under Article 4626 or 4626.1. What remains is the absentee's net share.
That net share goes into the court's registry for the account of the absentee, or of the absentee's succession representative or heirs if the absentee has since died. It cannot be withdrawn by whoever shows up claiming it belongs to them; the article requires a court order for withdrawal, following the same law that regulates deposits of this kind, keeping the fund protected until the right person establishes a claim to it.
Frequently Asked Questions
Where does an absentee's share of the partition proceeds go after the sale?
Into the registry of the court, for the account of the absentee or the absentee's succession representative or heirs, under Article 4628.
What gets deducted before the absentee's share is deposited?
The absentee's portion of court costs and sale expenses, the fee awarded to the attorney appointed to represent the absentee, and any amount due another co-owner under Article 4626 or 4626.1.
Can the absentee's deposited share be withdrawn without a court order?
No. Article 4628 allows withdrawal only on order of the court, following the law regulating deposits of that kind.
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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