Dear PAO,

I am one of the heirs of our late parents, who left behind a parcel of land. Among all the heirs, only one has expressed his refusal to sell the property. As a result of this refusal, no sale has taken place. I would like to inquire: does he have the legal right to prevent the sale of the property, even if the majority of us are in favor of selling it?

Zoe

Dear Zoe,

The answer to your query can be found in Article 484 of the New Civil Code, which defines co-ownership as a situation where ownership of an undivided thing or right belongs to different persons. In relation thereto, Article 493 of the same Code discusses the nature of each co-owner’s rights, viz:

“Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.”

In this regard, your sibling, as a co-owner of the property, possesses the legal right to alienate, assign, or encumber his undivided interest in the co-owned property. By the same token, he is legally entitled to retain his part and refuse to sell his undivided share in the common property.

Nevertheless, you and your other co-heirs who are willing to sell their share in the common property may take refuge under the provision of Article 494 of the Civil Code, which expressly states that: “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.”

Accordingly, any co-owner may, at his or her discretion, seek the partition of the property to terminate the co-ownership and thereby exercise their right to alienate their respective share. This partition of the property may either be effected through a mutual agreement among the co-owners to subdivide the subject parcel of land. However, in the event that one of the co-owners refuses to consent to such partition, any of the other co-owners may file a petition for judicial partition before the regional trial court of the place where the property is located. Such partition would enable the division of the property, allowing each co-owner to have full and exclusive ownership over his or her respective share.

In your case, once partition has been established, you and your other siblings who wish to dispose of your respective allotted portions of the land may do so independently, without the need for the consent of the sibling who does not wish to dispose of his share.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].