Civil Code Art. 497: CO-OWNERSHIP

Statute: Civil Code
Article: Art. 497
Topic: CO-OWNERSHIP
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE III CO-OWNERSHIP
Formerly: Art. 403 of the old Civil Code
Year: 1949

The provision

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. But they cannot impugn any partition already executed, unless there has been fraud, or 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. (403)

Cases applying this article

Quijano v. Amante G.R. No. 164277

Civil Code, Art. 497 is found in TITLE III CO-OWNERSHIP of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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