If the property sought to be partitioned is divisible in kind, and the defendant timely answers through counsel of his own selection and prays therefor, the court shall render judgment ordering the partition to be made in kind, under the applicable provisions of Chapter 1 of this Title.
Art. 4630.Partition In Kind When Defendant Appears and Prays Therefor
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 4630 restores the preference for partition in kind when the property is divisible and the absent co-owner turns out not to be absent after all, timely answering through counsel of the co-owner's own choosing and asking the court for partition in kind instead of a sale.
Full Text of Art. 4630
Plain-English Summary
Chapter 2's sale-only rule assumes the missing co-owner cannot be reached and cannot weigh in. Article 4630 addresses what happens when that assumption turns out to be wrong: the defendant learns of the suit, through the published notice or otherwise, and appears.
Two things have to be true for the exception to apply. The property has to be divisible in kind in the first place, since Article 4630 does not manufacture a division for property that cannot be split. And the defendant has to timely answer through counsel of the defendant's own selection, not merely through the attorney the court appointed under Article 4623, and has to specifically pray for partition in kind.
When both conditions are met, the court is not free to proceed with the sale it would otherwise order under Article 4625. It has to render judgment ordering partition in kind instead, applying the general Chapter 1 rules that govern an ordinary in-kind partition. An absentee who appears and hires their own lawyer stops being treated as an absentee for purposes of the in-kind preference.
Frequently Asked Questions
What happens if an absent co-owner shows up during the partition case?
If the property is divisible in kind and the defendant timely answers through the defendant's own counsel, asking for partition in kind, Article 4630 requires the court to order it instead of a sale.
Does answering through the court-appointed attorney trigger this exception?
No. Article 4630 requires counsel of the defendant's own selection, not the attorney appointed under Article 4623 to represent an absent, unrepresented defendant.
Does Article 4630 apply if the property cannot practically be divided?
No. The exception only applies where the property sought to be partitioned is divisible in kind in the first place.
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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