§9:374. Possession and use of family residence or community movables or immovables A. When the family residence is the separate property of either spouse, after the filing of a petition for divorce or in conjunction therewith, the spouse who has physical custody or has been awarded temporary custody of the minor children of the marriage [..]
Category: Division of Property Statutes
§9-2801. Partition of community property and settlement of claims arising from matrimonial regimes and co-ownership of former community property A. When the spouses are unable to agree on a partition of community property or on the settlement of the claims between the spouses arising either from the matrimonial regime, or from the co-ownership of former [..]
Art. 4601. Methods of partition Partition of property may be made either nonjudicially or judicially.
Art. 4602. Judicial partition Partition must be judicial when: (1) A party is an unrepresented absentee, minor, or mental incompetent; or (2) All the interested parties cannot agree upon a nonjudicial partition.
Art. 4603. Same; procedure; venue A person desiring a judicial partition of property shall petition for it in a court of competent jurisdiction. The partition proceeding shall be brought in the venue provided by Article 80(2) if the property sought to be partitioned is immovables, or both movables and immovables; or in the parish where [..]
Art. 4604. Inventory The court may order that an inventory be made of all property sought to be partitioned, in accordance with the provisions of Articles 3131 through 3137.
Art. 4606. Partition in kind Except as otherwise provided by law, or unless the property is indivisible by nature or cannot conveniently be divided, the court shall order the partition to be made in kind.
Art. 4607. Partition by licitation When a partition is to be made by licitation, the sale shall be conducted at public auction and after the advertisements required for judicial sales under execution. All counsel of record, including curators appointed to represent absentee defendants, and persons appearing in proper person shall be given notice of the [..]
Art. 4608. Controversy before notary effecting partition If there should be any controversy between the parties in the course of the proceedings before the notary effecting the partition, he shall record the objections and declarations of the parties in his proces verbal. Unless otherwise ordered by the court, such objections shall not suspend the proceedings [..]
Art. 4609. Homologation of partition When the partition has been completed by the notary, he shall file his proces verbal of the partition, or a copy thereof, in the court which ordered the partition. Any party may rule all other parties into court to show cause why the partition should not be homologated or rejected.