La. Civ. Code art. 1320
Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 1-3, 6-671
It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.
La. C.C. § 1320