Co-ownership
Mitchell & Zoe
TITLE III
Co-ownership
ARTICLE 484. There is co-ownership whenever the
ownership of an undivided thing or right belongs to
different persons.
In default of contracts, or of special provisions,
co-ownership shall be governed by the provisions of this
Title.
CONCEPT
Whenever the ownership of an undivided thing
or right belongs to different persons, and the
thing or right is not physically undivided, then
co-ownership exists.
The relationship is fiduciary.
For example: There is a piece of land, and the
ownership belongs to 3 siblings, and the piece
of land remains undivided. There is
co-ownership.
Q: Is co-ownership a juridical entity?
A: No. Therefore, the co-ownership itself cannot
initiate an action against any party. Since it is
not a juridical entity like a corporation, it cannot
sue in court. Since it cannot sue in court, the
co-owner can only litigate in court in their
personal capacities.
It does not have a separate juridical entity and
the creditors cannot attach the entire share of
the co-ownership.
Q and A: For example, the co-owner can simply
file a case for unlawful detainer against a
tenant without impleading the other
co-owners. Why? Because when the co-owner
files the case against another person, he is
acting in his representative capacity, and it is
presumed that since there is co-ownership, any
one of them can file a suit against the tenant
for unlawful detainer.
Share of Co-Owners
There is only one ownership in co-ownership.
However, such ownership is shared with
multiple persons. The property is owned by two
or more persons and the property is
UNDIVIDED.
None of the parties has a determined share of
the thing in common. Only a fractional,
intangible right over the property.
For example, in a parcel of land, when the
ownership is already identified and clear, that
the 50 sq.m. belongs to A and the other 50 sq.m.
belongs to B, there is NO MORE co-ownership.
Atty: On the view on which one is better,
co-ownership or partitioned property?
- In co-ownership, as there is no
subdivision of the property, there might
be disagreement in the future, because
the property lines are not segregated;
not properly identified.
The share of co-owners in benefits and charges
shall be in proportion to their respective
interests. Other stipulations are VOID.
There is also a presumption that there is equal
share in co-ownership, unless proven otherwise.
In unions without the benefit of marriage under
Art. 147 of the Family Code, the other party
who did not contribute is deemed to have
contributed JOINTLY and shall receive 50-50
share.
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The thing itself must be owned by the
co-owners, because if there are different
owners of the House and Lot, for example, there
is no co-ownership. (Javier v. Javier)
- Since the lot is owned by another
person, and the house upon it is owned
by a different person, there is no
co-ownership
Q: When will co-ownership arise?
A: Co-ownership will arise if there are common
owners over a particular property; there is no
segregation yet.
Q: How about the purpose of co-ownership?
Can it be changed or altered by the co-owners?
I.e, the property should be devoted to rice and
corn, can you convert it into a commercial
establishment like SM?
A: Yes. It may be changed by agreement,
express or implied, of the parties.
Sources of Co-Ownership
1. Cohabitation
Art. 147, when a man and a woman who are
capacitated to marry each other, live exclusively
with each other as husband and wife without
the benefit of marriage, or under a void
marriage, their wages and salaries shall be
owned by them in equal shares, and the
property acquired by both of them by their
work or industry shall be governed by the rules
on co-ownership.
In the absence of proof to the contrary, the
properties acquired while they lived together
shall be presumed to have been obtained by
their joint effort and shall be owned equally.
In cases of cohabitation NOT FALLING under
147, only the properties acquired by both of the
pirates through their actual joint contribution of
money, property, or industry, shall be owned by
them in common in proportion to their
respective contributions. In absence of proof,
their contribution shall be presumed equal.
(Art. 148)
If one of the parties is validly married to
another, his or her share in the co-ownership
shall accrue to the absolute or conjugal
partnership existing in such valid marriage. If
the party who acted in bad faith is not validly
married to another, his or her share shall be
forfeited in the manner provided in the last
article.
2. Implied Trust
If two or more persons agree to purchase
property and by common consent the legal title
is taken in the name of one of them for the
benefit of all, a trust is created by force of law in
favor of others in proportion to the interest of
each. (Art. 1452)
In co-ownership, the relationship is fiduciary.
Merong obligasyon ang bawat isa for the
preservation of the property. Meron silang
oblgasyon sa kapwa nilang co-owner.
In Implied Trust:
Ex: Namatay magulang, yung iba nasa abroad,
nahihirapan mag pirma ng kung ano ano.
Sasabihin ng mga nasa abroad, ate baka pwede
sayo muna nakapangalan yung property,
pagkatapos ang magbebenefit lahat. Ang
problema, pag namatay si ate, hindi alam ng
mga asawa ang usapan ng original siblings.
Pwedeng sabihin ni kuya, eh sa tatay ko yan e!
Bakit kayo paparte dito?
A: Therefore, in accordance with the rule that it
is for the benefit of all, you should try to cause
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the registration by making a claim or lien; you
can prepare a trust agreement, then have it
annotated on the back of the tile so that it will
serve as a notice to the world na kahit naka
register ang title sa pangalan ng isang co-owner,
but at the back of the title there is a notice to
the whole world that this property is covered by
implied trust.
trespasser, he shall not be entitled to any share.
(Art. 438)
7. Easement of Party Wall
The easement of a party wall shall be governed
by the provisions of this title, local ordinance,
and customs insofar as they do not conflict with
the same, and by the rules on co-ownership.

3. Succession; Intestate Q: Is co-ownership the same as partnership?

Where there are two or more heirs, the whole Distinguish partnership from co-ownership
estate of the decedent is, before the partition, A: No.
owned in common by such heirs, subject to the PARTNERSHIP (Art. CO-OWNERSHIP (Art.
payment of debts of the deceased. (Art. 1078) 1764) 484)

two or more persons for common

There is a presumption that the heirs are
bind themselves to enjoyment,
co-owners. contribute money, maintenance, and unity
property, or industry, to and preservation of the
4. Donation a common fund, with property
the intention of
When a donation is made to different persons
dividing profits
jointly, it is understood to be in equal shares
and there shall be no right of accretion among
When it comes to sources of ownership, there’s
them, unless the donor has otherwise provided.
really a difference between co-ownership &
(Art. 753)
partnership.
5. By Chance
Rights of its co-owner as to thing in common
By will of their owners, two things of the same
➔ Purpose of co-ownership:
or different kinds are mixed, or if the mixture
occurs by chance, and in the latter case the 1. For the preservation of the
things are not separable without injury, each thing. Preservation means to
owner shall acquire a right proportional to the use the property for the
part belonging to him, bearing in mind the value purpose for which it was
of the things mixed or confused. (Art. 472) intended. “Kung yan ay sa
farming, let’s use it for farming.
Kung yan ay sa fishing, fishing.”
6. Hidden Treasure
Hidden treasure belongs to the owner of the
Q: Can you change the purpose for which it
land, building, or other property on which it is
was intended?
found. When the discovery is made on the
A: Yes.
property of another or of the state or any of its
subdivision and by chance, One Half shall be
2. Share in the benefits in
allowed to the finder. If the finder is a
proportion to his interest

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provided the charges are borne
by it in proportion.
Q: Paano ang computation?
A: In proportion to his interests
3. File an ejectment case. Isa lang
sa co-owners, pwede na
mag-file. No need for a power
of attorney, para mag file ng
ejectment, to eject a tenant, for
example.
Q: for example, 10 ang co-owners, lahat ba sila
ay ipangalan as plaintiffs or as plaintiffs in the
case?
A: Based on what is provided for by law,
no need. Kung 10 ang co-owners, kahit
isa pwede na. No need to ask for a
special power of attorney (SPA) because
any one of the co-owners can file an
action for ejectment.
ARTICLE 487. Any one of the co-owners may bring an
action in ejectment.
Q: What’s covered by ejectment?
A:
- Forcible entry
- Accion publiciana
- Writ of possession
- Accion reivindicatoria
4. Compel other co-owners to
contribute to expenses, for the
preservation of thing and of
course to compel the payment
of taxes.
ARTICLE 488. Each co-owner shall have a right to
compel the other co-owners to contribute to the
expenses of preservation of the thing or right owned in
common and to the taxes. Any one of the latter may
exempt himself from this obligation by renouncing so
much of his undivided interest as may be equivalent to
his share of the expenses and taxes. No such waiver
shall be made if it is prejudicial to the co-ownership.
Q: What is the purpose of co-ownership?
A: For the preservation of the thing that
is owned in common. It is but proper &
natural that as we go along, expenses
might be incurred. Not only expenses,
profits may also be incurred. The best
thing to do, of course, is to contribute
something for the expenses for the
preservation of the thing.
Q: What are the taxes that should be paid?
A:
- Real property tax (on a yearly
basis)
Q: Pano ‘pag yung iba nasa abroad? Pano
gagawin sa real property tax?
A: The general rule is that, of course, if
we will not pay taxes, there’s a chance
that kung lumaki na yung utang natin sa
property tax, the government might
foreclose or sell the property in public
auction. It’s better to preserve the thing
and one way to preserve the thing is of
course [to pay] taxes.
NOTE: favorite daw ni Dean ang ejectment &
writ of possession in exams!
5. Oppose any act of alteration.
Has the right to oppose any act
of the majority which are
prejudicial to the minority. Or
once the property is foreclosed,
for example, just like filing a
separate action for ejectment
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— any one of them can exercise
legal redemption in order to
save the property.
Q: Define “any act of alteration”?
A: Any deviation from the purpose for
which the co-ownership was actually
intended by the co-owners or co-heirs.
For instance, yung palaisdaan, sasabihin
nung ibang kapatid na galing abroad,
“eh alam mo, sa Amerika, hindi na uso yung
palaisdaan. Kinoconvert. Gawin kaya nating
isang commercial area pagkatapos, lagyan
natin ng restaurant business, etc etc?” You
can oppose any act of alteration.
Dun palang sa act of preservation, may power
ang bawat co-owner to save the property,
because the intention of redeeming the
property is to maintain the entire property and
to preserve the property.
Q: Why?
A: Kasi kapag na foreclose yung
property, sinanla nung isa, ang
presumption ay lahat kayo nakinabang.
Pero yung isang salbaheng co-heir, after
pakinabangan yung property, iniwan na
yung property sa mga kapatid; hindi na
niya binayaran yung utang.
Q: In that case, can you redeem the property?
A: Yes, by means of legal redemption.
Q: Why?
A: ‘Pag hindi naredeem yung property,
the property will be lost. The property
will now become the property of the
bank. Of course, the bank will have an
acquired asset.
6. Ask for partition. Any one of
the heirs can terminate the
co-ownership by exercising his
right to ask for partition. Kung
ayaw na niyang magkaron ng
co-ownership, just try to
partition the property.
SLIDE: If the co-owners have agreed to lease the
property in common, a co-owner cannot retain
it for his use without paying the proper rent.
Two conditions must be followed, even if he is
the owner of the property, because if he will not
pay, it is prejudicial to the interest of
co-ownership if he will not pay his monthly
rentals.
Q: Kahit ba co-owner ako, kailangan akong
magbayad ng rent?
A: Yes. Since the property is owned in
common, hindi naman pwedeng hindi
ka magbayad ng something, for it would
be prejudicial to the interest of the
co-ownership if you will not pay.
Q: Can the co-owners establish rules regarding
the usage of the property owned in common?
A: Yes. Better to have ground rules
when it comes to co-ownership.
Q: For example, is it possible to restrict
ownership of the thing owned in common by
making an agreement? Kunyari sasabihin,
“hindi pwedeng i-mortgage yung property. Kung
imo-mortgage yung property, among the co-owners
lang,” OR pwede bang magkaron sila ng
agreement tapos i-annotate sa title na hindi
pwedeng ibenta ng isang co-owner yung
kanyang share, at kung ibebenta niya, dun din
sa kanyang co-owner?
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A: Yes, it’s allowed by law, PROVIDED 1. Necessary expenses

that it must not be contrary to law,
customs, public order, and public policy.
Q: What is the reason why you want to have
that kind of agreement?
A: to preserve the property, or to
preserve co-ownership.
2. Luxurious expenses/pleasure expenses
- not reimbursable
3. Useful expenses - also not covered
Q: What are useful expenses again?
A: Those that increase the value of the
property

Q: Sabi nga natin kanina, kasi kapag pinagbili PAG MERONG EXPENSES na ganito, the law says
mo yan sa ibang tao, for example, pwedeng that consent of all shall be required.
pumasok yung ibang tao sa property ninyo.
Halimbawa, naka enclosed yung property If ever magkakaron ng expenses for pure luxury,
ninyo, iniwan ng magulang ninyo sampu (10) dapat merong consent ang lahat ng owners.
kayo, 10 kayong magsasama sama diyan, yung
angkan natin. Pagkatapos yung isa, Pag file ng case sa ejectment, no need for the
nangangailangan ng pera, ang ginawa, sinanla consent ng iba. Pwedeng on his own, he can file
sa ibang tao, hindi nabayaran. Nabili ng a case.
stranger, dun sa compound, meron nang
matitirang ibang tao na hindi part ng angkan. EJECTMENT EXPENSES
So pwede ba maging agreement yun? CASE INCURRED
A: Yes, because the intention is to
preserve the co-ownership.
Consent of all
needed?
❌ ✔️
Consequence if it They cannot be
SHARING IN THE BENEFITS incurred without charged (the
the consent of the parties who did
other co-owners?
not consent)
ARTICLE 485. The share of the co-owners, in the
benefits as well as in the charges, shall be proportional
to their respective interests. Any stipulation in a Q: What is the remedy of a co-owner who does
contract to the contrary shall be void.
not want to contribute?
The portions belonging to the co-owners in the A: The law says that he may exempt
co-ownership shall be presumed equal, unless the
contrary is proved.
himself. Pwede naman niyang i-exempt
yung sarili niya.

The law says that the share of the co-owners in

Q: Is there an implication?
the benefits (yung kinita, yung benepisyo, pati
A: Yes. By renouncing so much of his
na yung charges, expenses) shall be in
undivided interest that may be the
proportion to their respective interests.
equivalent of his share of the expenses
for preservation and taxes. Only for
TAXES & EXPENSES
preservation and taxes.
Q: What are the expenses that can be
reimbursed?
REPAIRS FOR PRESERVATION

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Q: How about repairs?
A: Repairs may be made at the will of
the co-owners, BUT he must first notify
the other co-owners.
ARTICLE 489. Repairs for preservation may be made at
the will of one of the co-owners, but he must, if
practicable, first notify his co-owners of the necessity
for such repairs. Expenses to improve or embellish the
thing shall be decided upon by a majority as determined
in article 492.
Q: What about expenses to improve?
A: The co-ownership, the property
owned in common shall be decided by
majority.
Q: What is the number of votes needed by the
co-owner?
A:
ARTICLE 492. For the administration and better
enjoyment of the thing owned in common, the
resolutions of the majority of the co-owners shall be
binding.
There shall be no majority unless the resolution is
approved by the co-owners who represent the
controlling interest in the object of the co-ownership.
Should there be no majority, or should the resolution of
the majority be seriously prejudicial to those interested
in the property owned in common, the court, at the
instance of an interested party, shall order such
measures as it may deem proper, including the
appointment of an administrator.
Whenever a part of the thing belongs exclusively to one
of the co-owners, and the remainder is owned in
common, the preceding provisions shall apply only to
the part owned in common.
- REPAIRS: no, notification lang
needed (? not sure)
- ALTERATION OF THE PURPOSE:
must be the consent/decision of
ALL the co-owners.
UNANIMOUS CONSENT.
- EXPENSES TO IMPROVE: shall
be decided by the majority.
ALTERATIONS/UNANIMOUS CONSENT
ARTICLE 491. None of the co-owners shall, without the
consent of the others, make alterations in the thing
owned in common, even though benefits for all would
result therefrom. However, if the withholding of the
consent by one or more of the co-owners is clearly
prejudicial to the common interest, the courts may
afford adequate relief.
No alterations shall be done/made without the
unanimous consent, even if it’s beneficial to the
thing owned in common.
For example:
● converting rice land to fishpond
● converting a house to a condominium
Q: If withholding of the consent shall be
prejudicial, meron bang rule kung hindi
makuha yung unanimous consent?
A: Let the court decide.
RIGHT WITH RESPECT TO HIS IDEAL SHARE
ARTICLE 493. 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.
He may exempt himself from necessary
expenses & taxes by renouncing part of his
interest in co-ownership.
ARTICLE 494. 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,
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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.
If a co-owner sells the entire common property,
the sale is valid only insofar as his share is
concerned. In that case, the stranger will have
the right to represent in the partitions since the
original co-owner has ceased to be co-owner.
Q: A co-owner sold the entire land to another.
Can the other co-owners demand for the
annulment for the entire lot?
A: Yes, insofar as the ¾ is concerned.
The sale of ¼ is valid, according to the
case of Mainit v. Bandoy.
Q: Why can’t a co-owner cannot acquire
property by prescription?
A:
Q: Pwede bang magkaron ng prescription sa
co-ownership?
A: No. You’re only a trustee. Trustee for
others. Except of course if there is
repudiation of his share over the
property.
GR: trustee ka lang; tagapag-ingat ka
lang nung property that is owned by
common.
XPN: if there’s repudiation of his share
over the property.
ARTICLE 495. Notwithstanding the provisions of the
preceding article, the co-owners cannot demand a
physical division of the thing owned in common, when
to do so would render it unserviceable for the use for
which it is intended. But the co-ownership may be
terminated in accordance with article 498.
Q: When is partition not allowed?
A:
1. If there is an agreement for a
period not exceeding 10 years.
2. Partition is prohibited by the
donor or testator for a period
not exceeding 20 years.
3. Partition is prohibited by law
like conjugal, except in certain
instances
4. Partition will render the
property unserviceable
5. When the legal nature of the
common property does not
allow partition.
Q: What happens if the property would or
becomes unserviceable?
A: The co-ownership may be
terminated. Art. 498 provides that it
shall be sold & the proceeds shall be
distributed [among the co-heirs].
PARTITION
Q: How would we document partition if the
co-owners would like to have the property
partitioned?
A: can be through a document or
sample document.
‼️NOTE: CHECK WHAT A DEED OF PARTITION IS
BAKA LUMABAS SA EXAM!!!! HAHAHA
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Partition shall be made by the agreement of the
parties. Can be oral or in writing, but it’s better
if you put the deed of partition in writing.
Q: Is the statute of frauds applicable?
A: No, since partition is not a
conveyance of property, but only a
matter of segregation of property. It’s
not a conveyance because the
co-owners are merely trying to specify
the metes and bounds of the property
lines. The co-owners are only trying to
establish “ano ba ang sa’yo at alin ang
akin, para lagyan natin ng pader, end the
co-ownership & lets have a partition”
ARTICLE 496. Partition may be made by agreement
between the parties or by judicial proceedings. Partition
shall be governed by the Rules of Court insofar as they
are consistent with this Code.
Q: In cases of disagreement, meron bang
solution?
A: Yes. The court will determine if the
heirs cannot agree on the matter of
partition. There will be what we call
judicial proceedings under the Rules of
Court.
Q: Merong mga situations na meron mga
utang. In this case, can creditors/assignees
intervene in the partition?
A: Yes. If the property was fully assigned
to him by the assignors since he has no
more interest to protect.
ILLUSTRATION: Doon sa nagbenta ng property,
only with respect to ideal share, since hindi pa
naman nap-parte yung lupa, hindi pa naman
alam kung ano yung binili mo diyan.
Q: Paano mo kaya ibebenta yung property na
hindi naman napa-partition? What are you
going to state in the deed of sale on the
property that is not yet partitioned by the
heirs?
A: pwede ilagay, undivided portion that
is owned ?? HAHDJASHD Unidentified
and undetermined portion would be
enough if that will appear in a
document.
ILLUSTRATION: kung ang bawat isa ay
magkakaron ng 1000sqm, pwedeng magkaron
ng deed of sale over undivided parcel of land.
Ano yung binili mo dun?
Q: What is the effect of partition?
A: Under Art. 1091, a partition legally
made confers each heir the exclusive
ownership of the property adjudicated
to him.
Since nahiwalay na from the other
co-owners, he can now enjoy exclusive
ownership of the property that was
adjudicated to him.
Art. 543 provides that each of the
participants of a thing possessed in common
shall be deemed to have exclusively
possessed the part which may be allotted to
him.
Art. 1092 provides that after partition,
the co-heirs shall be reciprocally bond to
warrant title to and quality of each property
adjudicated.
Art. 499 provides that partition shall not
prejudice third persons who shall retain
rights of mortgage, servitude, etc.
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Q: How about assignees or creditors under this expenses, or those alterations

particular instance? or expenses that was approved
A: The assignees or creditors cannot by the co-owners)
assail the partition already executed, 3. PAY DAMAGES for damages
UNLESS there is fraud and made despite caused by reason of negligence
formal opposition. So wala silang and liable for defects of title or
pakialam unless merong fraud na quality of the portion assigned
nangyari. to which all other of the
co-owners ??
ARTICLE 497. The creditors or assignees of the
co-owners may take part in the division of the thing EXTINGUISHMENT OF CO-OWNERSHIP
owned in common and object to its being effected
Q: How can co-ownership be extinguished?
without their concurrence. But they cannot impugn any
partition already executed, unless there has been fraud, A:
or in case it was made notwithstanding a formal 1. CONSOLIDATION [of ownership
opposition presented to prevent it, without prejudice to
the right of the debtor or assignor to maintain its into one] in one of the
validity. co-owners of all the shares (e.g.
ibinenta nung isang co-heir sa kanyang
ate; ibinenta yung share niya sa
Q: Suppose I will take this piece of land. Pano
kapatid niyang panganay. Wala na
yung assignee? Can they assail the partition siyang share)
that was already executed? 2. DESTRUCTION of the thing or
A: No, he cannot. Because it was
loss of the right
already made and done, UNLESS there
3. PRESCRIPTION in favor of third
is fraud and there is a demand on the
persons
part of the assignee regarding the
4. REPUDIATION in terms of
manner of partition.
trustees
5. TERMINATION of the period of
Q: Ano yung mga dapat pa ayusin after
10 years or another 20 years by
partition?
the testator
A:
6. PARTITION, dahil sa partition
wala nang pakialam EXCEPT for
ARTICLE 500. Upon partition, there shall be a mutual expenses, reimbursement of
accounting for benefits received and reimbursements
for expenses made. Likewise, each co-owner shall pay expenses or distribution of
for damages caused by reason of his negligence or profits.
fraud.

RULE 69, RULES OF COURT: PARTITION

1. MUTUAL ACCOUNTING for
benefits received. Dahil nag
earn ng profit, let’s account it,
then we distribute the share.
2. EXPENSES na nagamit for it to
be reimbursed (e.g. necessary
Q: What happens in Rule 69?
A: Sec. 1 provides that it must contain:
a. Nature and extent of title
b. Description of the property

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c. All other interested in the
property should be impleaded
as defendants
Then there will be order of partition;
hearing, then the court will decide.
Once the court has determined that the
plaintiff has the right, the property shall
be ordered partition.
Parties may agree to the partition
among themselves and the court shall
confirm it and have it recorded with the
Registry of Deeds.
Q: Once the case (partition) is filed in court,
does it mean that the co-owners cannot decide
among themselves?
A: No. They can still decide how
partition shall be done.
take it. Provided, he pays the value of
the land. UNLESS one of the parties
interested as that the property to be
sold instead of being so assigned, in
which case the court shall order the
commissioners to sell the real property
at public sale under Art. 498, CC.
Q: is the agreement to subdivide the property
enough?
A: no. there must be a subdivision plan
and co-owners must occupy their respective
portions. Dapat meron ding project of partition.
Q: What happens if the parties still don’t
agree?
A: refer the matter in court. Let the
court decide. This is sanctioned under Rule 69
of the Rules of Court.

Q: What if there’s a project of partition or

partition by virtue of the agreement between
the parties?
A: The court will simply confirm the
project of partition and the surveyor
shall be assigned, thus a separate title
will be issued to that effect. Register in
the Registry of Deeds (RD)

Q: What if there’s no agreement?

A: The court shall appoint
commissioners (3 competent and
disinterested persons) to make the
partition and this is sanctioned by Sec.
3, Rule 69, RoC.

If the commissioner finds the division

cannot be made without prejudicing the
other parties, the court may order it be
assigned to one of the parties willing to

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