which two or more persons have in a spiritual part of a thing which is not physically divided. Concept: co-ownership exists where the ownership of a thing physically undivided pertains to more than one person.
Characteristics: a) plurality of subjects (the co-owners) b) there is a single object which is not materially divided c) there is no mutual representation by the co-owners d) it exist for the common enjoyment of the co-owners e) it has no distinct legal personality f) it is governed first of all by the contract of the parties; otherwise, by special legal provisions, and in default of such provisions, by the provisions of Title III on co-ownership
Sources: 1. Law 2. Contract 3. Chance 4. Occupation 5. Succession 6. Testamentary disposition or donation inter vivos
Co-ownership Partnership 1. Can be created without the formalities of a contract 1. Can be created only by contract, express or implied 2. Has no juridical or legal personality 2. Has juridical personality distinct from the partners 3. Purpose is collective enjoyment of the thing 3. Purpose is to obtain profits 4. Co-owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co-owner 4. A partner, unless authorized cannot dispose of his share and substitute another as a partner in his place 5. There is no mutual representation 5. A partner can generally bind the partnership 6. Distribution of profits must be proportional to the respective interests of the co-owners 6. Distribution of profits is subject to the stipulation of the parties 7. A co-ownership is not dissolved by the death or incapacity 7. Death or incapacity dissolves the partnership of a co-owner 8. no public instrument needed even if real property is the object of the co-ownership 8. May be made in any form except when real property is contributed 9. An agreement to keep the thing undivided for a period of more than 10 years is void 9. There may be agreement as to a definite term without limit set by law
Rules: 1. Rights of each co-owner as to the thing owned in common: USBRAP-LDP a) To use the thing owned in common Limitations: i) use according to the purpose for which it was intended ii) interest of the co-ownership must not be prejudiced iii) other co-owners must not be prevented from using it according to their own rights b) To share in the benefits and charges in proportion to the interest of each. NOTE: Any stipulation to the contrary is void. c) To the benefits of prescription: prescription by one co-owner benefits all. d) Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. NOTE: The co-owner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. e) Alterations: to oppose alterations made without the consent of all, even if beneficial. NOTES: Alteration is an act by virtue of which a co-owner changes the thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire it to be intended. Expenses to improve or embellish are decided by the majority f) To protest against seriously prejudicial decisions of the majority g) Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another co-owner to a stranger h) To defend the co-ownerships interest in court i) To demand partition at any time Partition is the division between 2 or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from others GENERAL RULE: Partition is demandable by any of the co-owners as a matter of right at any time. EXCEPTIONS: 1) When there is a stipulation against it; but not to exceed 10 years. 2) When the condition of indivision is imposed by the donor or testator; but not to exceed 20 years. 3) When the legal nature of the community prevents partition. 4) When partition would render the thing unserviceable. 5) When partition is prohibited by law 6) When another co-owner has possessed the property as exclusive owner for a period sufficient to acquire it by prescription.
2. The following questions are governed by the majority of interests: a) Management Minority may appeal to the court against the majoritys decision if the same is seriously prejudicial. b) Enjoyment c) Improvement or embellishment 3. Rights as to the ideal share of each co- owner: a) Each has full ownership of his part and of his share of the fruits and benefits b) Right to substitute another person its enjoyment, EXCEPT when personal rights are involved c) Right to alienate, dispose or encumber d) Right to renounce part of his interest to reimburse necessary expenses incurred by another co-owner e) Transactions entered into by each co- owner only affect his ideal share.
EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. consolidation or merger in one co-owner 2. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-ownership 3. loss or destruction of property co-owned 4. sale of property co-owned 5. termination of period agreed upon by the co-owners 6. expropriation 7. judicial or extra-judicial partition
CONDOMINIUM ACT (R.A. NO. 4726) CONDOMINIUM an interest in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include transfer or conveyance of the undivided interest in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: provided, however, that where the common areas in the condominium project are held by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession.
GENERAL RULE: Common areas shall remain undivided, and there shall be no judicial partition thereof: EXCEPTIONS: 1. When the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction 3 years after damage or destruction which rendered a material part thereof unfit for use; 2. When damage or destruction has rendered or more of the units untenantable and that the condominium owners holding more than 30% interest in the common areas are opposed to restoration of the projects; 3. When the project has been in existence for more than 50 years, that it is obsolete and uneconomic, and the condominium owners holding in aggregate more than 50% interest in the common areas are opposed to restoration, remodeling or modernizing; 4. When the project or a material part thereof has been condemned or expropriated and the project is no longer viable, or that the condominium owners holding in aggregate more than 70% interest in the common areas are opposed to the continuation of the condominium regime; 5. When conditions for partition by sale set forth in the declaration of restrictions duly registered have been met.