Notes in 0484 to 0501: Co-Ownership

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Published 09/01/2024 When is there co-ownership?
Published 09/07/2024 What governs Co-ownership?
Published 09/08/2024 Sources of Co-ownership 
Published 09/01/2024 Kinds of co-ownership as to subject matter
Published 09/01/2024 Kinds of co-ownership as to source
Published 09/08/2024 Kinds of co-ownership as to the rights of the co-owners
Published 09/01/2024 Distinguish "tenancy in common" from "joint tenancy" 
Published 09/01/2024 Characteristics of Co-ownership
Published 09/08/2024 How is the share in the benefits and charges computed in a co-ownership?
Published 09/08/2024 What are the limits of the right to use property owned in common?
Published 09/08/2024 What is the rule on expenses for preservation of the thing owned in common?
Published 09/01/2024 How can a co-owner exempt himself from making payments to preserve the thing commonly owned?
Published 09/08/2024 How many co-owners need to consent?Repairs, ejectment action -- {{c1::ONE}}Alterations or acts of ownership -- {{c1::ALL}}All others, like useful impr…
Published 09/08/2024 What is an alteration?
Published 09/08/2024 When is an alteration considered to be illegal?{{c1::When made without the express or implied consent of the other co-owners.}}What are the effects? {…
Published 09/08/2024 What are acts of administration or management?
Published 09/08/2024 What are the rules regarding the ideal share of each co-owner?
Published 09/08/2024 What is the effect when a co-owner sells the entire common property?
Published 09/08/2024 What is the extent of ownership of each co-owner in co-ownership?
Published 09/08/2024 Can a co-owner sell or mortgage the entire co-owned property?
Published 09/08/2024 What happens if a co-owner sells their share to a stranger?
Published 09/08/2024 Is the attachment of a co-owner’s share proper if the share has not yet been concretely determined?
Published 09/06/2024 What is meant by "personal rights" in the context of co-ownership under Article 493?
Published 09/07/2024 Can a co-owner be forced to remain in co-ownership?
Published 09/07/2024 What agreements regarding undivided co-ownership are allowed under Article 494?
Published 09/26/2024 When can partition be prohibited by law or agreement?
Published 09/08/2024 What is the object of partition?
Published 09/06/2024 A co-owner can demand partition at any time unless:{{c1::Prohibited by an agreement (not exceeding 10 years)}}{{c1::Prohibited by a donor or testator …
Published 09/16/2024 Can a co-owner acquire exclusive ownership of the property through prescription?
Published 09/07/2024 The following are requirements which makes a co-owner the exclusive owner of others' shares by prescription:{{c1::He must make known to the other co-o…
Published 09/08/2024 When can co-owners be prohibited from demanding physical division of the property?
Published 09/06/2024 Most common example of physical division which would render property unserviceable
Published 09/06/2024 What are the different types of partition from the viewpoint of cause?
Published 09/06/2024 What are the types of partition from the viewpoint of permanence?
Published 09/06/2024 What are the types of partition based on the subject matter?
Published 09/06/2024 List the forms and solemnities in partition.
Published 09/06/2024 What governs the partition of co-owned property?
Published 09/08/2024 What are the conditions for a valid partition under Rule 74, Section 1 of the Rules of Court?
Published 09/08/2024 What must a person desiring judicial partition of real estate include in their complaint?
Published 09/08/2024 Can prescription apply if there was already a partition, and one party received more than their share?
Published 09/08/2024 What happens if any party denies the undivided character of the estate in an action for partition?
Published 09/08/2024 What must the court do if the parties cannot agree on the partition?
Published 09/08/2024 Is a decision directing partition final or interlocutory?
Published 09/06/2024 Who decides the appointment of commissioners for partition?
Published 09/08/2024 What factors must commissioners consider when making the partition?
Published 09/08/2024 What happens if physical partition is prejudicial to the parties?
Published 09/06/2024 Can commissioners examine land occupied by strangers?
Published 09/08/2024 When does a partition made by the commissioners become effective?
Published 09/06/2024 Who pays for the costs, including the compensation of commissioners, in a partition proceeding?
Published 09/08/2024 What must a judgment include if actual partition is made?
Published 09/08/2024 Is delivery necessary after partition?
Published 09/06/2024 Can an ordinary action for partition be converted into a proceeding for estate settlement?
Published 09/08/2024 What is the effect of an extrajudicial partition later approved by a court?
Published 09/06/2024 Can a partition be novated?
Published 09/08/2024 What is the right of creditors and assignees of the co-owners?{{c1:: They may take part in the division of the thing owned in common and object to i…
Published 09/08/2024 If one of the co-owners sold their share to another, who is entitled to participate in the partition?
Published 09/08/2024 What happens when the thing is essentially indivisible and the co-owners cannot agree on who will take it and indemnify the others? 
Published 09/08/2024 The partition of a thing owned in common {{c1::shall not prejudice third persons,}} who shall {{c2::retain the rights of mortgage, servitude, or an…
Published 09/08/2024 What are the effects of partition?
Published 09/08/2024 Every co-owner shall, after partition{{c1::, be liable for defects of title and quality}} of the portion assigned to each of the other co-owners.&n…
Published 09/08/2024 How is Co-ownership extinguished?
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