Short answer. Yes. Article 1463 of the Civil Code is clear: a sole owner may sell an undivided interest in the thing they own. You do not have to sell the whole. After the sale, you and the buyer become co-owners of the thing in the proportions the sale describes.
What the law says
The sole owner of a thing may sell an undivided interest therein.
Civil Code, Article 1463 — Sale of an Undivided Interest. Read the full provision →
What the law actually says
Article 1463 of the Civil Code states in a single sentence: "The sole owner of a thing may sell an undivided interest therein." There is no condition attached. If you own a parcel of land alone, you may sell a half-interest, a quarter-interest, or any fraction you choose. The same applies to a building, a vehicle, or any other property. After the transaction, the buyer and you hold co-ownership rights over the whole thing in the proportions the deed specifies — neither of you has an exclusive right to a particular corner of the land or a particular room of the building.
How undivided ownership works in practice
An undivided share means the buyer does not get a specific, physically separated portion of the property. They get a proportional right over the whole thing. If you sell a one-third interest in a lot, the buyer does not own the left third of that lot — they own one-third of everything, together with you. This has real practical consequences: decisions about using, leasing, improving, or further selling the property generally require the agreement of all co-owners. You should be clear about this with any buyer before the sale proceeds.
Why you might do this and what to watch for
Selling an undivided interest can raise funds without giving up total ownership, bring in a business partner or family member, or allow you to pass on a share of an asset during your lifetime. But co-ownership relationships can become complicated over time — particularly if the co-owners later disagree about the use or sale of the property. It is worth discussing with a lawyer how the co-ownership will be managed, whether a co-ownership agreement should be drawn up alongside the deed of sale, and what happens if either party later wants to exit the arrangement.
Transfer and documentation
A sale of an undivided interest in real property needs to be in a public instrument — a notarized deed of sale — and registered with the Registry of Deeds to bind third parties and protect the buyer's right. For titled land, the transfer will be annotated on the existing title. The buyer's name will appear as a co-owner alongside yours on the certificate of title. Proper documentation protects both parties and prevents later disputes about what exactly was sold and in what proportion.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Damaso T. Ambray and Ceferino T. Ambray, Jr. vs. Sylvia A. Tsourous, et al, G.R. No. 209264, July 5, 2016 — read the decision on LawPhil →