- Statute
- Civil Code
- Article
- Art. 494
- Topic
- CO-OWNERSHIP
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE III CO-OWNERSHIP
- Formerly
- Art. 400a of the old Civil Code
- Year
- 1949
The provision
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. 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)
Cases applying this article
- Pedro Generosa v. Pacita Prangan-Valera G.R. No. 166521
- Reynaldo Reyes v. Sps. Wilfredo G.R. No. 225159
- Marites Mercado Linaac v. Heirs of Restituto Mercado G.R. No. 215808
- Felicidad B. Dadizon v. Carmelita Tan-Inchoco G.R. No. 248594
- Antipolo Ining (Deceased) v. Leonardo R. Vega G.R. No. 174727
- Mercedes Cristobal Cruz v. Eufrosina Cristobal G.R. No. 140422
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