A. The undivided interest of a minor or interdict in property owned in common with others may be sold to effect a partition, as provided in Articles 4301 through 4304, 4321 through 4323, 4341, 4342, and 4566. B. The interest of the minor or interdict in the property may be purchased by a co-owner.
Art. 4641.Sale of Interest of Minor Or Interdict to Effect Partition
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 3. Partition When Co-Owner a Minor Or Interdict · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4641 allows the undivided interest of a minor or interdict co-owner to be sold to effect a partition under the tutorship and curatorship procedures governing the alienation of a minor's or interdict's property, and allows a co-owner to purchase that interest.
Full Text of Art. 4641
Plain-English Summary
A minor or an interdict, someone judicially declared incapable of managing their own affairs, cannot negotiate or consent to a partition the way a competent adult co-owner can. Chapter 3 supplies the safeguards Louisiana law builds around that situation, and Article 4641 opens it by addressing the sale of that person's interest.
The undivided interest of a minor or an interdict in property held in common with others may be sold to effect a partition, but not on the say-so of a tutor or curator acting alone. The sale has to follow the same procedure the Code already sets out for alienating a minor's property, found in Articles 4301 through 4304 and 4321 through 4323 and 4341 and 4342, and, for an interdict, the curator's management authority under Article 4566. Those articles bring their own requirements, including court authorization, appraisal, and public notice, into the partition sale.
As in an ordinary Chapter 1 sale, a co-owner is not barred from bidding on the incompetent co-owner's interest. Article 4641 lets a co-owner purchase it, the same right Article 4614 grants generally.
Frequently Asked Questions
Can a minor's or interdict's share of co-owned property be sold to partition it?
Yes. Article 4641 allows the undivided interest of a minor or interdict to be sold to effect a partition, following the procedure the Code sets for alienating that person's property.
What procedure governs selling a minor's interest to complete a partition?
The tutorship alienation procedure in Articles 4301 through 4304, 4321 through 4323, 4341, and 4342, which includes court authorization and other safeguards before the interest can be sold.
Can a co-owner buy the minor's or interdict's interest at the sale?
Yes. Article 4641 allows a co-owner to purchase that interest, consistent with Article 4614's general rule allowing a co-owner to purchase property or an interest sold to effect a partition.
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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