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Art. 4629.Articles Applicable to 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 4629 makes Article 4603's venue and procedure rule, the first paragraph of Article 4605's preference and discretion rule, and Articles 4607 and 4614 on licitation, private sale, and co-owner purchase applicable to a partition by licitation or private sale carried out under this chapter's absentee procedure.

Full Text of Art. 4629

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Article 4603, the first paragraph of Article 4605, and Articles 4607 and 4614 are applicable to a partition by licitation or a partition by private sale under the provisions of this Chapter.

Amendment History

Amended by Acts 2020, No. 281, §2, eff. 6/11/2020.

Plain-English Summary

Chapter 2 builds a distinct procedure for partitioning property with an absentee co-owner, but it does not repeat every general rule Chapter 1 already supplies. Article 4629 is the bridge, pulling specific Chapter 1 provisions into a Chapter 2 case rather than leaving the reader to guess which general rules still apply.

Four provisions carry over. Article 4603 brings its venue and ordinary-proceeding rules to the absentee case. The first paragraph of Article 4605 brings preference on the trial calendar. Article 4607 supplies the mechanics of the sale itself, public auction or private sale, including the price floor and notice requirements for a private sale. And Article 4614 lets a co-owner purchase the property or interest sold, with the same credit against the purchase price that applies in an ordinary Chapter 1 sale.

What does not carry over is telling on its own: Article 4605's second paragraph on the court's general discretion over how the partition is conducted, and Article 4606's in-kind preference, since Chapter 2 already displaces the in-kind preference through Article 4621.

Frequently Asked Questions

Do the general partition rules in Chapter 1 apply to an absentee partition case?

Only the specific ones Article 4629 names: Article 4603 on venue and procedure, the first paragraph of Article 4605 on preference, and Articles 4607 and 4614 on the sale itself and a co-owner's right to purchase.

Does the in-kind preference from Article 4606 apply to an absentee partition?

No. Article 4629 does not carry Article 4606 over, consistent with Article 4621's rule that an absentee partition proceeds by sale regardless of whether the property is divisible in kind.

Can a co-owner still purchase the property in an absentee partition sale?

Yes. Article 4629 applies Article 4614's co-owner purchase and credit rule to a partition by licitation or private sale under this chapter.

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: articles applicable absentee partition LouisianaArticle 4629 Louisianawhich Chapter 1 rules apply absentee partitioncross reference absentee partition LouisianaChapter 1 rules incorporated Chapter 2 partition