PROPERTY
CO-OWNERSHIP
 There is co-ownership whenever the ownership of an
undivided thing or right belongs to different persons.
Note: There is no co-ownership when the different portions
owned by different people are already concretely determined
and identifiable, even if not yet technically described. (De la
Cruz vs Cruz, 1970)
Note: A co-owner can only alienate his pro indiviso share in
the co-owned property. Thus, a co-owner does not lose his
part ownership of a co-owned property when his share is
mortgaged by another co-owner without the former’s
knowledge and consent.
EFFECT OF AN ACTION FOR PARTITION: an action for
partition is at once on action for declaration if co-ownership
and for segregation and conveyance of a determined portion
of the properties involved.
 The share of the co-owners, in the benefits as well as
in the charges, shall be proportional to their respective
interests.
 The portions belonging to the co-owners in the co-
ownership are presumed equal, unless the contrary
is proved.
RIGHTS OF CO-OWNER
 RIGHT TO USE: Each co-owner may use the thing
owned in common, provided he does so in
accordance with the purpose for which it is intended
and in such a way as not to injure the interest of the
co-ownership.
 RIGHT TO PREVENT OTHER CO-OWNER FROM
USING IT: Each co-owner may prevent the other co-
owners from using the thing owned in common
according to their rights.
 The purpose of the co-ownership may be changed by
agreement, express or implied.
ART. 487. Any one of the co-owners may bring an action in
ejectment.
Note: Any co-owner may file an ejectment case also against
co-owner who takes exclusive possession and asserts
exclusive ownership of the property (De Guia vs CA).
Note: Art. 487 now allows a co-owner to bring an action for
ejectment which covers all kinds of actions for the recovery of
possession, including forcible entry and unlawful detainer,
without the necessity of joining all the other co-owners as co-
plaintiffs, because the said action is deemed to be instituted
for the benefit of all.
PRESERVATION OF THE THING OWNED IN COMMON
 Each co-owner has the right to compel the other co-
owners to contribute to the expenses of
preservation of the thing or right owned in common
and to the taxes.
 Any one of the latter may exempt himself from the
obligation to contribute by renouncing so much of his
undivided interest as may be equivalent to his
share of the expenses and taxes.
 PROPERTY

Note: No such waiver shall be made if it is prejudicial to the

co-ownership.

 REPAIRS FOR PRESERVATION: repairs for

preservation may be made at the will of one of the co-
owners, but he must, if practicable, first notify his
co-owners of the necessity for such repairs.
 EXPENSES TO EMPROVE OR EMBELISH: such
expenses must be decided upon by a majority.