Professional Documents
Culture Documents
Co-ownership
-
Contracts
Special legal provisions
Provisions of the Title on Co-ownership
b.
c.
d.
e.
Contractual co-ownership
Non-contractual co-ownership
Tenancy in common
Joint tenancy
runs
JOINT TENANCY
Involves a physical whole no
ideal (abstract) division each
and all of them own the whole
thing
Each co-owner may not dispose
of his own share without
consent of all the rest
If joint-tenant dies, share goes
by accretion to other jointtenants by virtue of their
survivorship
If one joint-tenant is under a
legal disability, this benefits the
other against whom prescription
Characteristics of Co-ownership
a.
b.
c.
d.
e.
f.
g.
PARTNERSHIP
Has legal/ juridical personality
Created by contract only
Purpose profit
No term limit set by law
therefore
Kinds of Co-ownership
1.
2.
prescription
against them
CONJUGAL PARTNERSHIP
Arises only because of the
marriage contract
One must be male, the other
female
Only two
Profits are generally 50-50
unless
there
is
contrary
stipulation
Death of either husband or wife
dissolves it
Generally husband is the
administrator
Encouraged by law
No rent for upper floor A was exercising right as coowner without prejudicing B B could also have lived in
another room of said floor.
Half-rental may be demanded for use of lower floor. Rent
could be asked because others could have rented the same,
but only half because A was co-owner.
Forcible entry
Unlawful detainer
Accion publiciana
Accion reivindicatoria
Quieting of title
Replevin
CASES
Rules:
Expenses for Preservation (Art. 488)
b.
a.
b.
c.
Examples of alterations:
a.
Repairs for preservation, improvements (Art. 489)
b.
c.
d.
e.
f.
g.
would only be valid with respect to the share of the coowner seller
Sale, donation, mortgage of part of the property but with
definite boundaries this sale is not void but is subject to
the result of the subsequent partition
Voluntary easement
Lease of real property if
o Lease is recorded/ registered
o Lease is for more than one year (whether
recorded or not)
Construction of a house on a lot owned in common
Any other act of strict dominion or ownership
Contracts of long duration
2.
3.
4.
5.
c.
d.
e.
Exceptions:
a.
b.
c.
d.
e.
a.
b.
b.
XXX
a.
b.
c.
d.
CASES
4.
5.
2.
3.
4.
1.
2.
3.
4.
b.
c.
d.
Cause
1. Extrajudicial (conventional)
2. Judicial (when court approval is sought or when
partition is made by the court)
Permanence
1. Provisional or temporary
2. Permanent
Subject matter
1. Partition of real property
2. Partition of personal property
Forms and solemnities
1. Partition in a judicial decree
2. Partition duly registered in the Registry of Property
3. Partition in a public instrument
Action will not prosper if not all co-owners and interested persons
are made defendants.
Prescription of an action for partition does not lie except when the
co-ownership is properly repudiated by the co-owner.
Action to demand partition is imprescriptible or cannot be barred
by laches each co-owner may demand it at any time.
Civil Code
Rules of Court (suppletorily Rule 69)
Conditions:
1.
b.
If co-owners believe that it was made validly, they have the right
to prove their contention.
Creditors must have become creditors during the existence of the
co-ownership, not before or after.
Partition of an Essentially Indivisible Object (Art. 498)
Third persons all those who did not in any way participate or
intervene in the partition
Effects of Partition (Art. 500)
a.
b.
c.
d.
e.
f.
d.
e.
f.
g.
Judicial partition
Extrajudicial partition
Prescription one co-owner has acquired the whole
property by adverse possession as against all others, and
repudiating unequivocally the co-ownership of the other
When a stranger acquires by prescription the thing owned
in common
Merger in one co-owner
Loss or destruction
Expropriation here, indemnity will be distributed
accordingly