Article 494
ELI5— what this means for you
Co-ownership may be terminated by partition at any time — any co-owner can demand partition. No co-owner can be compelled to remain in a co-ownership forever.
Key point
Any co-owner can demand that jointly owned property be divided or sold.
Official text — RA 386
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)
Source: lawphil.net (RA 386 as amended)
Related
RELATED RIGHTS
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