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
Full Text of Art. 4629
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?
Does the in-kind preference from Article 4606 apply to an absentee partition?
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.