DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 400 Engrossed 2021 Regular Session Coussan
Abstract: Provides relative to requirements for partitions of co-owned property.
Present law (C.C. Art. 811) provides for partitions by licitation and private sale.
Proposed law (C.C. Art. 811) retains present law but provides that partitions for private sales among
co-owners as petitioned by a co-owner shall be prioritized.
Present law (C.C.P. Art. 4607) provides that private sales without the consent of all co-owners shall
not be for less than two-thirds of the appraised value of the property.
Proposed law (C.C.P. Art. 4607) retains present law but clarifies that the private sale shall be
executed with a court-appointed representative on behalf of the absentee or non-consenting co-
owner.
Present law (C.C.P. Art. 4622) provides for the petition requirements for partition of property owned
by an absentee. The petition requirements shall describe the property, and be supported by an
affidavit of the petitioner or petitioner's counsel.
Present law (C.C.P. Art. 4622) provides for petition requirements for private sale. The petition for
private sale shall describe the primary terms of the proposed sale, identify the proposed purchaser,
including whether the proposed purchaser is related to any co-owner, and disclose to the petitioning
co-owners whether there are any costs associated with the sale that will be paid to any person related
to the petitioning co-owners within the fourth degree or a juridical entity in which he co-owner has
a direct or indirect financial interest.
Proposed law (C.C.P. Art. 4622) provides that the partition petition among co-owners shall have
priority status for consideration by the court. The petition shall describe the primary terms of the
proposed sale, identify the proposed purchaser among the co-owners, if any, declare the source of
funds to be used in the sale, and disclose whether a co-owner has a direct financial ownership in a
juridical entity purchaser, if such is the case.
Proposed law (C.C.P. Art. 4622) provides that upon judgment ordering the sale, payment shall be
made using certified funds within 24 hours.
Present law (C.C.P. Art. 4624) provides for the publication of the notice of partition proceeding. The
notice shall notify the absent defendant that the plaintiff is seeking to have the property partitioned and that the absent defendant has 15 days from the date of the publication of initial notice to answer
the plaintiff's petition.
Proposed law (C.C.P. Art. 4624) retains present law but clarifies the partition by licitation or by
private sale are to be governed by Chapters 1 and 2 of Title IX of Book VII of the Code of Civil
Procedure.
Present law (C.C.P. Art. 4625) provides for trial and judgments related to the partition of co-owned
property.
Proposed law (C.C.P. Art. 4625) retains present law but clarifies that the absentee or non-consenting
co-owner shall be represented by a court-appointed representative, who may also be a co-owner.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.C. Art. 811 and C.C.P. Arts. 4607, 4622, 4624, and 4625)