A. Property may be divided in kind without the necessity of drawing lots therefor when all of the co-owners who are competent agree to the proposed partition, and the court has authorized it on behalf of the incompetent co-owner, as provided in Articles 4271 and 4566. B. In such event there is no necessity for a judicial partition, and the division of the property may be made by agreement of the co-owners, with the legal representative of an incompetent co-owner executing the act of partition in behalf of the incompetent whom he represents.
Art. 4642.Partition In Kind, Dispensing With Drawing of Lots When Authorized By Court
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 4642 lets the competent co-owners divide property in kind by agreement, without the customary drawing of lots, when the court has authorized the division on behalf of the minor or interdict co-owner, letting the legal representative execute the act of partition without a full judicial partition proceeding.
Full Text of Art. 4642
Plain-English Summary
An ordinary in-kind partition among competent co-owners traditionally uses a drawing of lots to decide which co-owner gets which portion of the divided property, a way of keeping the allocation impartial. Article 4642 lets the co-owners skip that step when a minor or interdict is among them and the court has signed off.
Two things have to line up. Every competent co-owner has to agree to the proposed partition, and the court has to authorize the division on behalf of the incompetent co-owner, under the same tutorship and curatorship authorization rules referenced in Article 4641, Articles 4271 and 4566.
Once both are in place, the case does not need a judicial partition at all. The co-owners can divide the property by agreement, with the incompetent co-owner's legal representative, whether a tutor, curator, or similar representative, executing the act of partition in that person's stead. Court authorization substitutes for the incompetent co-owner's own consent, and it substitutes for the impartiality the drawing of lots would otherwise provide.
Frequently Asked Questions
Do co-owners have to draw lots when dividing property that includes a minor's or interdict's share?
Not if the court authorizes skipping it. Article 4642 dispenses with the drawing of lots when all competent co-owners agree and the court authorizes the division on the incompetent co-owner's behalf.
Does a partition involving a minor always require a judicial proceeding?
No. When Article 4642's conditions are met, agreement among the competent co-owners and court authorization, there is no need for a judicial partition, and the legal representative can execute the act directly.
Who signs the partition agreement for the minor or interdict co-owner?
The incompetent co-owner's legal representative, such as a tutor or curator, executing the act of partition on that person's behalf once the court has authorized it.
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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