Co-ownership Flashcards
When is there co-ownership?
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.
How is the property in a co-ownership divided?
The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved.
With regards to the right to use the property in a co-ownership, what are the 3 rules?
Each of the co-owners of the property may use the thing owned in common, provided he does:
(a) In accordance with the purpose for which it is intended.
(b) In such a way as not to injure the interest of the co-ownership
(c) Prevent the other co-owners from using it according to their rights.
With regards to the preservation of the property in a co-ownership, what is the rule? Can a co-owner exempt himself from this obligation?
Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes.
Any one of the co-owner may exempt himself from the obligation be renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes.
With regards to repairs of the property owned in a co-ownership, what is the rule?
Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs.
Can a co-owner alter the property?
None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom.
What is the rule regarding the administration and better enjoyment of the property in a co-ownership?
For the administration and better enjoyment of the thing owned in common, the resolution of the majority of the co-owners shall be binding. There shall be no majority, unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership.
With regards to the part and fruits of the property in a co-ownership, what is the rule?
Each co-owner shall have the full ownership of his part and the fruits and benefits pertaining thereto, and he may therefore alienate, assign, or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved.
But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.
Can a co-owner demand a partition of the property?
No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.
When is partition considered as prohibited? There are 4 rules.
An agreement to keep the thing undivided for a certain period of time is valid, as long as it does not exceed ten years.
A donor or testator may prohibit partition for a period which shall not exceed twenty years.
There shall be no partition when it is prohibited by law.
No prescription shall run in favor of a co-owner against his co-owners so long as he expressly or impliedly recognize the co-ownership.
When can a co-owner cannot demand partition of the thing? There is 2 rules.
A co-owner cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended.
Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed.
With regards to third persons when it comes to partition, what is the rule?
The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude, or any other real rights belonging to them before the division was made. Personal rights pertaining to third persons against co-ownership shall also remain in force, notwithstanding the partition.
With regards to liabilities of the co-owners after partition, what is the rule?
Every co-owner shall, after partition, be liable to the defects of title and quality of the portion assigned to each of the co-owners.
