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Louisiana Code of Civil Procedure Tit. IX, Art. 4622. Petition

Current as of January 01, 2023 | Updated by Findlaw Staff

A. The petition for the partition of property in which an absentee owns an interest, under the articles of this Chapter, shall allege the facts showing that the absent and unrepresented defendant is an absentee, as defined in Article 5251, shall describe the property sought to be partitioned and allege the ownership interests thereof, and shall be supported by an affidavit of the petitioner or of his counsel that the facts alleged in the petition are true.

B. (1) If the partition is to be made by private sale, the petition for partition between the co-owners shall have first priority status by the court and shall include all of the following:

(a) The primary terms of the proposed sale.

(b) The name of the proposed purchaser and whether the proposed purchaser is a co-owner or third party in accordance with Civil Code Article 811(B).

(c) The source or location of funds to be used in the sale.

(d) If the proposed purchaser is a juridical entity, including but not limited to corporations, limited liability companies, partnerships, and sole proprietorships, and whether that entity has a relationship with any co-owner.

(e) Whether any costs associated with the sale will be paid to any person related to the petitioning co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.

(2) Upon judgment of the court ordering the sale, payment shall be made within twenty-four hours using cash or certified funds.

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Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. IX, Art. 4622. Petition - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-ix-art-4622/

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