Ownership in Indivision Flashcards
Ownership in indivision is…
when a thing is owned by 2 or more persons, its in indivision. Shares presumed equal
Who gets fruits in co-ownership?
Spilt between co-owners according to their share
Who is liable between co-owners?
a co-owner is liable for anything that’s his fault
How do you determine use and management in co-ownership?
according to agreement of co-owners
what if no agreement?
When no agreement, and partition impossible, a court, upon petition, may determine use and management.
Rights to use the thing
According to destination of the thing, and cannot prevent other co-owner from enjoying. against 3rd persons can act as sole owner.
Can a co-owner dispose of a thing held in indivision?
Yes, with consent of all co-owners
What a bout substantial improvements?
Only with consent of all owners.
Expenses of co-ownership. How to divide
If expenses are necessary, ordinary maintenance or repairs, or necessary management expenses, then a co owner is entitled reimbursement in proportion to their shares.
Reimbursement shall be reduced in proportion to value of enjoyment
How to terminate precarious prescription and begin AP
the co-owner, or successor, must demonstrate a over and unambiguous act to gives notice to co-owner that he intends to possess himself. The acquisition and recordation of title may mark the prescription.
Any other precarious possessor or successor must give actual notice that he intends to possess for himself
Is one forced to be in co-ownership?
No, no one may be compelled to own a thing in indecision. Except when its use is indispensable for the enjoyment of another thing owned by one or more of its co-owners.
What is partition?
When co-ownership is divided into partitions. 3 kinds:
(1) partition in kind, when the thing is susceptible to partition, will be partitioned in equal value according to share
(2) By limitation, sold at public auction
(3) by private sale
