CO-OWNERSHIP

Requisites of co-ownership: 1. Plurality of subjects 2. Unity of object absence of division 3. Proportionate shares of such objects How co-ownership is created: 1. By contract 2. By law 3. By will 4. By chance (as in confusion) Kinds of co-ownership: 1. Ordinary – where right of partition exists 2. Compulsory – no such right exists: ex: party wall 3. Legal – created by law 4. Contractual – created by contract 5. Universal – over universal things; ex: heirs 6. Singular/particular – over specific things 7. Incidental – exists independent of the will of the parties Characteristics of co-ownership 1. The co-owner’s share in the property, although definite in amount or size, is not physically and actually identified, it being merely an ideal. 2. A co-owner’s share is absolutely owned by him and he may dispose of it as he pleases 3. In regard to the use, enjoyment and preservation of the property, the co-owner observe mutual respect Ordinary partnership distinguished from co-ownership 1. Co-ownership is created not only by agreement of the parties but also by law and other means while partnership is created by agreement of the parties only 2. The purpose of partnership is primarily for profit while the purpose of co-ownership is principally common enjoyment of the property owned in common 3. A co-owner may ordinarily sell to a third person his interest in the co-ownership without the consent of the other co-owners while a partner may not sell his interest in the partnership without the consent of his co-partners 4. Co-ownership is not a juridical persons while a partnership has its own juridical personality 5. Death of a co-owner does not dissolve the co-ownership while the death of a partner dissolves the partnership Joint tenancy and co-ownership distinguished 1. Disability (like minority) in joint tenancy inures to the benefit of the others which is not true in co-ownership 2. In case of death of a joint tenant, the survivor is subrogated to the rights of the decedent which is not true in co-ownership where the death of a co-owner transfers his shares to his heirs 3. A joint tenant may transfer or dispose of his share only with the consent is required in coownership Cases when co-owned property cannot be partitioned 1. In conjugal partnership, so long as it validly exists 2. In case of party wall [ARTICLES 190 and 658, NEW CIVIL CODE]

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