Aside from the rights of a co-owner, read also: EXISTENCE OF CO-OWNERSHIP
-
A co-owner has the right to a proportionate share in the benefits as well as the charges to the co-ownership
-
A co-owner can initiate a legal action for ejectment of occupants in the co-ownership
-
A co-owner may sell his undivided share in the co-owned property
Making a decision by co-owner relating to the thing owned in common is not really hard.
All he has to do is to respect the right of his co-owners to be notified before he undertakes any repair for the preservation of the thing owned in common.
In our previous article, the existence of co-ownership was discussed. In addition to the said article, what are the other rights of a co-owner?
The law says:
To be more specific, the following are the rights of a co-owner:
- Right to a proportionate share in the benefits as well as the charges to the co-ownership
- Right to use the thing owned in common as long as it does not injure the interest of the co-ownership or prevent the other co-owners from using it
- Right to initiate legal action for the ejectment of occupants in the co-ownership
- Right to compel the other co-owners to contribute to the expenses for the preservation of the thing owned in common and to the taxes
- Right to compel co-owners to a pro-rata share in the necessary expenses and income as mentioned above
- Right to demand partition of the real property at any time
- Right to make alterations with the consent of the co-owners
- Right to alienate, assigns, mortgage or substitute as regard the portion of his/her shares or ownership.
The right of a co-owner is basically the same with the rights of an owner. The only limitation is that a co-owner must respect the rights of his co-owners. A co-owner must use the thing owned in common as long as it does not injure the interest of the co-ownership or prevent the other co-owners from using it. The underlying rationale is that until a division is actually made, the respective share of each cannot be determined, and every co-owner exercises joint ownership of the property owned in common in addition to his use and enjoyment of the said property.
May a co-owner sell his undivided share in the co-owned property?
The law says:
Yes.
A co-owner has an absolute ownership of his undivided share in the co-owned property. He has the right to mortgage, sell, alienate, or dispose the same in any manner. He may even substitute another person in its enjoyment. But again, the limitation is as long as it does not injure the interest of the co-ownership or prevent the other co-owners from using it.
Let us take this hypothetical example:
Rene, Gerard Franco, and Pax inherited a parcel of land from their father Jose Mari. The siblings have agreed not to divide the property for a period of five (5) years. After three (3) years, Rene decided to sell his undivided share to Ryan James.
In this case, based from what the law says above, Rene may sell his undivided share to Ryan James. Rene has the right to sell his undivided share in the co-owned property even without the consent of Gerard Franco and Pax. Rene’s right to sell his undivided share is absolute and in accordance with the well-settled doctrine that a co-owner has a full ownership of his undivided share and has the right to alienate, assign or mortgage it and even substitute another for its enjoyment. In other words, the law does not prohibit a co-owner from selling, alienating, mortgaging his ideal share in the property held in common.
If Rene successfully sold his undivided share in the parcel of land, Ryan James is the new co-owner. It means that while the parcel of land is not yet divided, the same now is co-owned by Ryan James, Gerard Franco, and Pax.
May a co-owner be obliged to remain in the co-ownership? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
SUBSCRIBE NOW FOR MORE LEGAL UPDATES!
[email-subscribers-form id=”4″]
Good day, i have a question that really needs to be answered. My partner and i purchased a 1500 sqms lot. After 2 years we decided to build structures in the property. We transfered it to both our names upon purchasing the land. My question is, what are the rights that both of us can do to our property? We are not married since we both are females, my question is, if one of us dies, will the sole ownership of the property go to the other co-owner? Or the half of it will go the relatives?if so, what about the partition when it is already has structures? And the other concern is, what if we are going to separate, does the co-owner has the right to eject the other owner? Please help us. Thank you.
Hello! Let’s talk about your case. Reach out to us via our contact details posted here (https://www.alburolaw.com/contact-us/) or send us a DM on Facebook (https://www.facebook.com/alburolawoffices). Thank you!
my name is listed in the contract to sell that i and my partner bought. We pay equal share but her name shows as the principal or primary buyer. On the turn over papers, my name is not listed. Don’t I also need to sign the papers too since I’m a co owner? Do we need to have a separate agreement regarding joint ownership aside from the contract to sell papers? Hope you can make this clear. And also, in the event one of us passes… will half of the property belongs to our relatives or one of us will be the sole owner?
Good afternoon or good day bass on your time in this order I would like to ask a question. if there is more than (1) one, siblings own a property which make them co-ownership ot the said property as co-owners can anyone of them sell the hole entire property with out the other sibling promission and if so what Act and chaper and section of the law that would fall under at a legal prespectives thank you.
I have a partition dispute on our common property. I need Attorney to settle.
need your assistance. We have a land title from my lolo, land and house title was named under the 7 siblings and their spouses. 2 siblings are now dead without descendants, but promise me without in writing that their share will be given to me since im the one who paid for their hospital expenses. How or what is the proper way to divide the property. Thank you in advance.