Partition Flashcards
Who can demand for partition? (Art. 494)
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.
What PARTITION? (1078)
In general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value.
When is partition not allowed? (Art. 495)
Notwithstanding the provision of the preceding article….
The co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the us for which it is intended. But the co-ownership may be terminated in accordance with Article 498.
How is partition effected when the property is essentially indivisible? (Art. 498)
Whenever the thing is essentially indivisible and he 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.
What are the obligation of the co-owners upon partition? (Art. 500 and 501)
(1) Mutual accounting of benefits;
(2) Mutual reimbursements for expenses;
(3) Indemnity for damages;
(4) Reciprocal Waranty.
What are the requisites for prescription to run in favor of a co-owner against the others?
1) He must make known to the other co-owners that he had performed unequivocal acts repudiating the co-ownership and that he is claiming complete ownership over the entire property.
2) The evidence of repudiation and knowledge on the part of the others must be clear and conclusive.
3) Other requisites of prescription.
Exceptions to partition (Art. 494)
(a) An agreement to keep the thing undivided for a certain period of time, not exceeding 10 years, shall be valid. This term may be extended by a new agreement;
(b) A donor or testator may prohibit partition for a period which shall not exceed 20 years;
(c) Neither shall there be any partition when it is prohibited by law.
(d) No prescription shall run in favor of a co-owner or co-heirs agains his co-owner or co-heirs so long as he expressly or impliedly recognized the co-ownership.**
Delima v. CA
Issuance of a new certificate constitutes an open and clear repudiation of the trust of the co-ownership. As the certificate of title was notice to the whole world of his exclusive title to the land.
