If an undivided co-owner is in default, without nevertheless being in one of the cases provided for in article 836, he may, at the request of a co-partitioner, be given formal notice, by extrajudicial act, to be represented at the amicable partition.
If the undivided co-owner fails to appoint a proxy within three months of the formal notice, a co-divider may ask the court to appoint any qualified person to represent the defaulting co-owner until the division has been completed. This person may only consent to the partition with the authorisation of the judge.