REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MANILA
BRANCH __________

MARIAM M. WANTZ.
Plaintiffs,

-versus- Civil Case No. ________________

For: Partition

DONALD E. WANTZ,
Defendant.

COMPLAINT

Comes now the plaintiff, through undersigned counsel, and unto this
Honorable Court, respectfully allege:

1. Plaintiff MARIAM WANTZ, is of legal age, American, with

address at _________________________________. She may be served
notices, orders and other processes of this Honorable Court through
undersigned counsel.

2. Defendant DONALD WANTZ is of legal age, American and

with address at _______________________________ where he may be
served notices, order and other processes of this Honorable Court.

3. Plaintiff and defendant used to be husband and wife. During

the subsistence of their marriage, they acquired a condominium unit
located at Ap. Unit A-2601, Tower A of Alpha Grandives Condominium,
located at M.H. Del Pilar Street, Malate, Manila. This is registered under
Condominium Certificate of Title 62880 (hereinafter referred to as
“Property”) of the Register of Deeds of Manila.

Condominium Certificate of Title

No. 62880

_________________________________________
______________________________________________
_____________________________________________
 A copy of the certified true copy of the title is attached hereto as
Annex “A”.

4. Sometime last ____________, they obtained a divorce decree

issued by the ___________________. In said divorce decree, the property of
plaintiff and defendant were divided between them. A copy of the divorce
decree is attached herein as Annex “B”.

5. Considering that the marriage between plaintiff and defendant

has already been severed, plaintiff now desire to terminate the co-
ownership of over the said Property.

6. The Property has an aggregate area of 93.85 Nine Square

Meters more or less. Considering that this is a condominium unit, the
property cannot be divided between plaintiff and defendant, thus, the
plaintiff believes that selling the property and distributing the proceeds
thereof is the best option in the partition of the Property.

7. This is supported by the pertinent articles of the civil code

concerning co-ownership, to wit:

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. x x x

Art. 495. Notwithstanding the provisions 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 use for which it is intended. But the co-ownership may be
terminated in accordance with Article 498.

Art. 498. 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
distributed.

8. The plaintiff is open to selling her share to defendant provided

that the fair market value of the property shall be paid in cash, otherwise,
plaintiff prays that the property be sold and the proceeds thereof be
divided between her and defendant. Defendant, however, has refused to
pay plaintiff and insisted on having the property used by his partner.

9. Notwithstanding repeated demands of plaintiffs, defendant

refused, and still refuses, without justifiable cause or reason, to accede to
the partition of said property.

10. Thus, it is respectfully prayed that the Property be partitioned

among the co-owners through the sale of the Property and the proceeds
thereof be distributed among them equally, after deduction of the costs of
suit and other expenses connected to the sale.

RELIEF

WHEREFORE, it is respectfully prayed that after trial, this Honorable

Court judgment issue Judgement ordering:

1. The sale of the condominium unit covered by TCT 62880;

2. The proceeds of the sale of the condominium unit be divided
equally between plaintiff and defendant, after deducting the
costs of this suit and as well as the expenses pertaining to the
sale;
3. Or in the alternative, Order defendant to execute and sign all
necessary papers or deeds in order to sell the Property and
receive his aggregate share in the purchase price thereof.
4. Pay costs of suit.

by: