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  • Juris On Co-Ownership

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    Carlos Joseph B. Villanueva
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    This document discusses jurisprudence related to co-ownership. It summarizes three cases. The first case found that a court cannot impose a "forced lease" situation upon parties in a dispute, similar to how a "forced co-ownership" is disfavored. The second case established that no co-owner can be compelled to remain in an indefinite co-ownership and may request partition of common property at any time. The third case discusses articles of the Civil Code providing that a co-owner may demand partition of their share at any time, and if an item is essentially indivisible, it shall be sold and proceeds distributed.

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    relevant jurisprudence on co-ownership

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    Juris on Co-ownership

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    This document discusses jurisprudence related to co-ownership. It summarizes three cases. The first case found that a court cannot impose a "forced lease" situation upon parties in a dispute, similar to how a "forced co-ownership" is disfavored. The second case established that no co-owner can be compelled to remain in an indefinite co-ownership and may request partition of common property at any time. The third case discusses articles of the Civil Code providing that a co-owner may demand partition of their share at any time, and if an item is essentially indivisible, it shall be sold and proceeds distributed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    7 views1 page

    Juris On Co-Ownership

    Uploaded by

    Carlos Joseph B. Villanueva
    This document discusses jurisprudence related to co-ownership. It summarizes three cases. The first case found that a court cannot impose a "forced lease" situation upon parties in a dispute, similar to how a "forced co-ownership" is disfavored. The second case established that no co-owner can be compelled to remain in an indefinite co-ownership and may request partition of common property at any time. The third case discusses articles of the Civil Code providing that a co-owner may demand partition of their share at any time, and if an item is essentially indivisible, it shall be sold and proceeds distributed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    SANTOS S ANTOS & S ANTOS

    Law Offices
     3201-B East Tower, PSE Centre Exchange Road, Ortigas Center Pasig City  Tel. No.635-7925 to 26; 621-3303 Telefax No. 687-1147
    Website: www.santoslaw.ph
    Primary e-mail: admin@santoslaw.ph
    Alternative e-mail: santossantoslawoffice@yahoo.com

    Jurisprudence on co-ownership

    The Municipal Court over-stepped its bounds when it imposed upon the
    parties a situation of "forced lease", which like "forced co-ownership" is not
    favored in law. (Depra vs. Dumlao, G.R. No. L-57348, 16 May 1985)

    No co-owner ought to be compelled to stay in a co-ownership


    indefinitely, and may insist on partition on the common property at any time.
    (Santos vs. Santos, 396 Phil. 928 [2000])

    Article 494 of the Civil Code provides that no co–owner shall be obliged to
    remain in the co–ownership, and that each co–owner may demand at any time
    partition of the thing owned in common insofar as his share is concerned.
    Corollary to this rule, Article 498 of the Civil Code states that 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
    accordingly distributed. (Arambulo, et. al. vs. Nolasco, et. al., G.R. No. 189420, 26
    March 2014)

    Santos Law®

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