Jointly Owned Property and Partitioned Property
The term jointly owned, in its general meaning, refers to property that is undivided and held in common. This concept is most frequently applied to land and real estate.
In legal terminology, jointly owned property refers to an asset or real estate that is owned by two or more persons in common, without physical separation of each owner’s share.
For example, when a house is inherited by two individuals, each of them owns an undivided one-half share of the property. Both owners are entitled to use the property, and any decisions regarding the property must be made with the consent of all co-owners. Accordingly, any act of possession, use, or disposition of jointly owned property requires the agreement of the other co-owners.
Rights and Limitations of Owners in Jointly Owned Property
Partitioned Property
The term partitioned refers to property that is capable of being divided. A partitioned property is one in which each owner’s share is clearly determined and separated. The process of separating jointly owned property into distinct shares is known as partition.
Partition may be effected either by mutual agreement between the co-owners or by a court-ordered compulsory division. By partition, joint ownership terminates, and each co-owner becomes the independent owner of a specific portion of the property.
Sale of Jointly Owned Property
The sale of jointly owned property may pose practical difficulties due to multiple owners. In many cases, jointly owned property is valued lower than similarly sized, single-owner property. The sale or division of jointly owned property generally requires the presence and consent of all co-owners.
If one of the owners is under the legal age, lacks legal capacity, or is absent for any reason, the sale of the property requires a court order. In the event of disputes among the co-owners regarding ownership or division, it may be necessary to terminate joint ownership and partition the property. Agreement among the co-owners is essential for voluntary partition, and the same conditions apply to judicial partition.
Legal Nature of Jointly Owned and Partitioned Property
Situations may arise in which one co-owner wishes to sell their undivided share of jointly owned property, while the other co-owners oppose the sale. In such cases, legal disputes may arise, and the law provides specific mechanisms to resolve them.
Pursuant to Article 808 of the Civil Code, where immovable property is jointly owned and capable of division, if one co-owner intends to sell their share to a third party, the other co-owner has the right to pay the price offered by the buyer and acquire the sold share. This right is intended to protect co-owners against unauthorized third-party entry into joint ownership.
Filing a Petition for Partition of Jointly Owned Property
When co-owners fail to reach an agreement on the partition or sale of jointly owned property, any of them may file a petition with the competent court requesting partition. The court examines the condition and characteristics of the property and issues its decision accordingly.
Filing such a petition requires submission of the title deed, identification documents of all co-owners, and an official expert valuation report. A formal petition specifying the identities of the co-owners and requesting partition must be submitted to the court for adjudication.
Subdivision of Jointly Owned Property into Partitioned Property
Subdivision and conversion of jointly owned property into partitioned property most commonly occur in inheritance matters. In such cases, heirs receive specific portions of the inherited property in accordance with their legal shares.
Subdivision of jointly owned land involves cancellation of the original joint title deed and issuance of separate title deeds for each partitioned portion. This process requires preparing a partition agreement based on the original ownership documents. Where a will specifies particular shares, the official and authenticated will must be submitted to determine the shares to be partitioned.
Partition of Jointly Owned Property
Jointly owned property cannot be sold or transferred as a partitioned property unless the shares of all co-owners have been clearly determined. Only after the partition is complete may each owner independently sell or transfer their specific share.
Frequently Asked Questions Regarding Jointly Owned and Partitioned Property
Jointly owned property is property held in common by two or more persons, where each owner has a defined share, but the property itself is not physically divided. Any use or decision regarding the property requires the consent of all co-owners.
Partitioned property is property in which each owner’s share has been clearly separated and identified, allowing each owner to independently dispose of their portion.
The sale of jointly owned property requires the consent of all co-owners. In the absence of agreement, the sale must be conducted pursuant to a court order after determination of each owner’s share.
If co-owners cannot agree on the division, any of them may file a petition with the court requesting partition. Submission of ownership documents and identification of all owners is required.
Partition refers to determining each co-owner’s share in jointly owned property, while subdivision involves converting those shares into distinct properties with separate title deeds.
Yes, however, other co-owners have the right to acquire that share by paying the price offered by the third party. Otherwise, the sale may require the consent of all co-owners or a court order. What is jointly owned property?
What is partitioned property?
How can jointly owned property be sold?
How is a petition for partition filed?
What is the difference between a partition and a subdivision?
Can a co-owner sell their share to a third party?
