The Louisiana District Courts should not execute a partition judgment that is not in proper form. A Community Property Partition may be by “Judgment” or by “Extrajudicial” means, being a written agreement between the parties that is not made a Judgment of the Court.
For instance, La. C.C.P. Arts. 1919 and 2089 require that all judgments and decrees that affect title to immovable property shall describe the immovable property affected with particularity. The purpose of these articles is to ensure that the public in general and title examiners, successful litigants, officials charged with executions of judgments, and surveyors in particular, can accurately deal with the immovable property. It is well settled that a municipal address is not a proper legal description of immovable property and the Court will not sign partition judgments unless appropriate immovable property descriptions are contained therein. It is a best practice to include conveyance language in any community property judgment.
All transfers of an undivided interest in immovable property should contain granting language. Whether the transfer is a judgment or an exchange, donation, or sale, the ownership rights and obligations must be reduced to writing and in a recordable form. It should be noted that an extrajudicial partition which includes immovable property must be made by authentic act, or by act under private signature, preferably acknowledged, and it must be recorded in the conveyance records to be effective against third parties. See La. C.C. Art. 1839. Also, the Notary passing the extrajudicial partition should comply with the requirements of La. R.S. 35:12.
Another best practice would be to include a waiver of all liens, privileges, resolutory conditions, and the right of dissolution for non-payment of consideration.
