DEFINITION:

The state where an undivided thing belongs to two or

more persons.
The right of dominion which two or more persons have
in a spiritual (or ideal) part of a thing which is not
physically divided
Sanchez-Roman: it is the right of common dominion
which two or more persons have in a spiritual part of a
thingnot materially or physically divided
Does not have a separate personality. A co-ownership
cannot sue in court.
Each co-owner holds an ideal portion or pro indiviso
share, definite in amount, but not physically or
concretely identified.
E.g. if a land is co-owned in equal portions by A, B, and
C, each of them holds 1/3 of the land, but they cannot
claim a specific portion of the land. Thus, A cannot
claim the western portion, or B cannot claim the
northern portion, and so on. The actual division will
only happen at partition.
As to his ideal portion, each co-owner shall have full
control and ownership. He may therefore alienate,
assign or mortgage it, and even substitute another
person in its enjoyment, except when personal rights
are involved. (Art 493)

Art.
484.
There
is
coownership
whenever
the
ownership of an undivided
thing or right belongs to
different persons.
In default of contracts, or of
special
provisions,
coownership shall be governed
by the provisions of this Title.

Art. 485. The share of the coowners, in the benefits as well

as in the charges, shall be
proportional to their
respective interests. Any
stipulation in a contract to the
contrary shall be void.
The portions belonging to the
co-owners in the co-ownership
shall be presumed equal,
unless the contrary is
proved. (393a)

REQUISITES:
1. Plurality of owners
2. Object must be an undivided thing or right; and
3. Each co-owners right must be limited only to his
ideal or abstract share of the physical whole
There are ideal shares defined but not physically identified
General Rule:
1. Proportionality: the share of the co-owners, in the benefits as well as in the
charges, shall be proportional to their respective interest
a. Mandatory
b. Any stipulation to the contrary shall be void

2. Presumption: portions belonging to the co-owners

in the co-ownership are presumed to be equally
unless contrary is proven

Rights of Co-owners
1. Right to share in the benefits as well as the charges
a. Proportional to their interests
b. Stipulation to the contrary is void
c. Portion belonging to the co-owners is presumed
to be equal
2. Right to use the thing owned in common (Art. 486)
a. That he use the thing in accordance with the
purpose for which it is intended
i. Agreement
ii. Use to which it is ordinarily adapted
iii. Use to which it is previously devoted
! Mere tolerance on the part of co-owners cannot legalize
the change in the use of a thing from that intended
b. That he uses it in such a way as to not injure
the interest of the co-ownership
c. That he uses it without preventing the other coowners from making use thereof according to
their own rights
! Remedies available to owners in general may be used
by co-owners
Each co-owner has absolute control over his ideal share
- Every co-owner has absolute ownership of his
undivided interest in the co-owned property
- They are free to alienate, assign or mortgage their
interest except as to purely personal rights
- Limitation
o He cannot alienate the shares of his coowners
Right of each co-ownerbefore the partition of a land or
thing held in common, no individual or co-owner can
claim title to any definite portion thereof
- All that he has is an ideal or abstract quota or
proportionate share in the entire land or thing

Art. 486. 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 or
prevent the other co-owners
from using it according to
their rights. The purpose of
the co-ownership may be
changed by agreement,
express or implied.
Art. 493. Each co-owner
shall have the full
ownership of his part and of
the fruits and benefits
pertaining thereto, and he
may therefore alienate,
assign or mortgage it, and
even substitute another
person in its enjoyment,
except when personal rights
are involved. But the effect
of the alienation or the
mortgage, with respect to
the co-owners, shall be
limited to the portion which
may be alloted to him in the
division upon the
termination of the coownership. (399)
Art. 1620. A co-owner of a
thing may exercise the right
of redemption in case the
shares of all the other coowners or of any of them,
are sold to a third person. If
the price of the alienation is
grossly excessive, the
redemptioner shall pay only
a reasonable one.

Art. 487. Any one of the coowners may bring an action

in ejectment. (n)
SPECIAL RIGHTS OF CO-OWNERS
3. Right to bring an action for ejectment
a. This covers all kinds of actions for the
recovery of possession
b. A co-owner may bring such an action,
without the necessity of joining all the other
co-owners as co-plaintiffs
i. Suit is deemed instituted for the
benefit of all
c. A co-owner may bring an action to exercise
and protect the rights of all
i. A favorable decision shall benefit all
ii. But an adverse decision cannot
prejudice their rights
iii. Consent of a co-owner would make
decision binding upon him
d. Co-owner vs. Co-owner?
i. The only effect of the action will be to
obtain recognition of the coownership
ii. Defendant cannot be excluded
because as co-owner, he has a right
to possess
4. Right to compel other co-owners to contribute to
the expenses of the preservation and to the taxes
a. Only for NECESSARY expenses
i. Useful expenses not covered
ii. Co-ownership is not for profitNEEDS
CONSENT
b. Any one of the other co-owners may exempt
himself by renouncing so much of his
undivided interest as may be equivalent to
his share of the expenses and taxes
i. Renunciation must be expressly made
ii. The value of the property at the time
of the renunciation will be the basis of
portion to be renounced
iii. A co-owner cannot be compelled to
renounce
! Exception: if waiver is prejudicial to co-ownership
Rules on Renunciation

Art. 488. Each co-owner

shall have a 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 this obligation
by renouncing so much of
his undivided interest as
may be equivalent to his
share of the expenses and
taxes. No such waiver shall
be made if it is prejudicial to
the co-ownership. (395a)

If renunciation is in favor of creditor who has not

yet paid, said creditor must give consent: DACION
EN PAGO
If renunciation is made in favor of a co-owner: a
novation (substitution of debtor) would result:
consent of creditor and co-owner is required
c. No waiver if it is prejudicial to the co-ownership

5. Right to repair
a. Repairs for preservation may be made at will of
one of the co-owners, but he must, if
practicable, first notify his co-owners of the
necessity for such repairs
i. Lack of notice gives rise to the
presumption that repair is not necessary
b. A case where one co-owner can bind the other
(other case is 487)
NUMBER OF CO-OWNERS WHO MUST CONSENT
a. Repairs, ejectment action: 1
b. Alterations or acts of OWNERSHIP: ALL
c. All others (useful improvements, luxurious
embellishments, etc): FINANCIAL MAJORITY
6. Right to oppose alterations
a. General Rule: Consent of all others is needed to
make alterations, even if alteration benefits all
b. Exception: If the withholding of the consent is
clearly prejudicial to the common interest, the
courts may afford relief
c. Reason for the rule: alteration is an act of
ownership, not mere administration
ALTERATIONS:
An alteration is a change
a. Which is more or less permanent
b. Which changes the use of the thing; and
c. Which prejudices the condition of the thing or
its enjoyment by others
7. Right to full ownership of his part and of the fruits and
benefits pertaining thereto (493)
8. Right to partition (494)
a. Each may demand, at any time, the partition of
the thing, insofar as his share is concerned
b. An agreement to keep the thing undivided for a
certain period NOT exceeding 10 years is valid
c. Term may be extended by a new agreement
d. Donor or testator may prohibit partition, period
not to exceed 20 years
e. No partition may be made if prohibited by law

Art. 489. Repairs for preservation

may be made at the will of one of
the co-owners, but he must, if
practicable, first notify his coowners of the necessity for such
repairs. Expenses to improve or
embellish the thing shall be
decided upon by a majority as
determined in Article 492
Art. 491. None of the co-owners
shall, without the consent of the
others, make alterations in the
thing owned in common, even
though benefits for all would
result therefrom. However, if the
withholding of the consent by one
or more of the co-owners is
clearly prejudicial to the common
interest, the courts may afford
adequate relief. (397a)
Art. 494. No co-owner shall be
obliged to remain in the coownership. Each co-owner may
demand at any time the partition
of the thing owned in common,
insofar as his share is concerned.
Nevertheless, an agreement to
keep the thing undivided for a
certain period of time, not
exceeding ten years, shall be
valid. This term may be extended
by a new agreement.
A donor or testator may prohibit
partition for a period which shall
not exceed twenty years.
Neither shall there be any
partition when it is prohibited by
law.
No prescription shall run in favor
of a co-owner or co-heir against
his co-owners or co-heirs so long
as he expressly or impliedly
recognizes the co-ownership.
(400a)

f.

Right does not prescribe

A. ACTS OF ADMINISTRATION
1.
2.
3.

a.
b.
4.

Majority Rule. For the administration and better enjoyment of

the thing owned in common, the resolutions of the majority of
the co-owners shall be binding. (Art. 492)
Determination of Majority. There shall be no majority unless the
resolution is approved by the co-owners who represent the
controlling interest in the object of the co-ownership. (Art. 492)
Note that the law considers majority in interest, not in number
Judicial intervention. The court, at the instance of an interested
party, shall order such measures as it may deem proper,
including the appointment of an administrator, in the following
cases:
If there be no majority, or
If the resolution of the majority is seriously prejudicial to those
interested in the property owned in common (Art. 492)
Whenever a part of the thing belongs exclusively to one of the
co-owners, and the remainder is owned in common, the
foregoing rules shall apply only to the part owned in common.
(Art. 492)

B. IMPROVEMENTS OR EMBELLISHMENTS: Expenses to improve or

embellish the thing shall be decided upon by a majority as
determined in Article 492. (Art. 489)
II.

PARTITION
A. RIGHT TO PARTITION
1. General Rule. No co-owner shall be onliged to remain in the coownership. Each co-owner may demand at any time the
partition of the thing owned in common, insofar as his share is
concerned. (Art. 494)
The purpose of partition is to separate, divide, and assign a
thing held in common among those to whom it belongs. (see
Art. 1079) Every act intended to put an end to indivision is
deemed to be a partition (See Art. 1082)
2.
a.
b.
c.
3.

Limitations
An agreement to keep the thing undivided for a certain period
of time, not exceeding 10 years, shall be valid. (Art. 494)
This term may be extended by a new agreement (Art. 494)
Each extension should likewise not exceed 10 years.
A donor or testator may prohibit partition for a period which
shall not exceed 20 years.
Neither shall there be any partition when it is prohibited by law.
(Art. 494)
Imprescriptibility. No prescription shall run in favor of a coowner or co-heir against his co-owners or co-heirs so long as he
expressly or impliedly recognizes the co-ownership. (Art. 494)

Art. 492. For the administration and

better enjoyment of the thing owned
in common, the resolutions of the
majority of the co-owners shall be
binding.
There shall be no majority unless
the resolution is approved by the coowners who represent the
controlling interest in the object of
the co-ownership.
Should there be no majority, or
should the resolution of the majority
be seriously prejudicial to those
interested in the property owned in
common, the court, at the instance
of an interested party, shall order
such measures as it may deem
proper, including the appointment of
an administrator.
Whenever a part of the thing
belongs exclusively to one of the coowners, and the remainder is owned
in common, the preceding provision
shall apply only to the part owned in
common.
Art. 490. Whenever the different
stories of a house belong to different
owners, if the titles of ownership do
not specify the terms under which
they should contribute to the
necessary expenses and there exists
no agreement on the subject, the
following rules shall be observed:
(1) The main and party walls, the
roof and the other things used in
common, shall be preserved at the
expense of all the owners in
proportion to the value of the story
belonging to each;
(2) Each owner shall bear the cost of
maintaining the floor of his story;
the floor of the entrance, front door,
common yard and sanitary works
common to all, shall be maintained
at the expense of all the owners pro
rata;
(3) The stairs from the entrance to
the first story shall be maintained at
the expense of all the owners pro
rata, with the exception of the
owner of the ground floor; the stairs
from the first to the second story
shall be preserved at the expense of

a.
b.
i.
ii.
iii.

Generally, a co-owners possession is considered as not adverse to his co-owners. The co-owner in
possession is said to act as a trustee for his co-owners.
Mere silent possession by a co-owner; his receipt of rents, fruits or profits from the property; his
erection of buildings and fences and the planting of trees thereon; and the payment of land taxes
cannot per se serve as proofs of exclusive ownership.
Stronger evidence is required to prove adverse possession against a co-owner than that against
strangers.
For prescription to run in favor of a co-owner, it must be shown that his possession was adverse to the
other co-owners, which requires the following elements:
He has performed unequivocal acts of repudiation amounting to an ouster of the other co-owners;
Such positive acts of repudiation have been made known to the other co-owners; and
The evidence thereon must be clear and convincing.

B. MODES OF PARTITION. Partition may be made by an agreement between the parties or by judicial
proceedings.
1. The agreement may be oral or written.
2. Judicial partition shall be governed by the Rules of Court insofar as they are consistent with the Civil
Code (Art. 496)
a. All co-owners are indispensible parties which must be impleaded in the partition case.
b. A case for judicial partition has two stages under Rule 69.
i. First Stage: Determination of whether co-ownership exists and whether partition is proper. If the court
orders partition, the parties ay agree on how to divide the party, which agreement will be confirmed by
the court.
ii. Second Stage: If the parties cannot agree, the court will decide how the property is to be divided, with
the assistance of the commissioners. The court may also order an accounting of the rents or fruits.
C. MANNER OF PARTITION
1. If the property owned in common is divisible, a co-owner may demand that it be physically divided and
his portion thereof may be given to him.
2. If the property owned in common is essentially indivisible or if the physical division of the thing would
render it unserviceable for the use for which it is intended, the owners cannot demand a physical
division. (Art. 495) Their options are the following:
a. The co-owners can agree that the property be allotted to one of them who shall indemnify the others.
(Art. 498)
b. If the co-owners cannot agree, the property shall be sold and its proceeds distributed among them.
(Art. 498)
D. RIGHTS OF THIRD PARTIES
1. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights
of mortgage, servitude, or any other real rights belonging to them before the division was made. (Art.
499)
2. Personal rights pertaining to third persons against the co-ownership shall also remain in force,
notwithstanding the partition. (Art. 499)
3. The creditors or assignees of the co-owners may take part in the division of the thing owned in
common and object to its being effected without their concurrence (Art. 497)
But they cannot impugn any partition already executed, unless
i. There has been fraud, or
ii. In case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to
the right of the debtor or assignor to maintain its validity. (Art. 497)
E. INCIDENTS OR PARTITION.
1. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for
expenses made. (Art. 500)
2. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (Art. 500)
3. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to
each of the other co-owners. (Art. 501)