Short answer. Yes. Article 1463 states that the sole owner of a thing may sell an undivided interest in it. You do not have to physically divide the property first; you can sell a fractional share, and the buyer becomes your co-owner of the whole undivided thing.
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 →
You can sell a fraction without splitting the thing
The Code answers this directly. Article 1463 says the sole owner of a thing may sell an undivided interest therein. An undivided interest means a fractional share — say one-half or one-third — of the whole thing, rather than a specific, marked-off portion of it. You are not required to physically partition your land, vehicle, or other property before selling; you may sell an abstract share in the entire thing as it stands. This is useful when the property cannot easily be divided, or when you want to keep part ownership while bringing in a buyer, or raise funds without giving up the property completely.
The buyer becomes your co-owner
The effect of such a sale is co-ownership. Once you sell an undivided interest, you and the buyer own the whole thing together in the proportions of your shares. Neither of you owns a particular physical piece; each owns a fraction of everything. That means decisions about the thing — using it, improving it, and eventually dividing or disposing of it — become shared, governed by the rules on co-ownership. A co-owner generally may deal with his own ideal share, but acts affecting the entire property usually require the agreement of the others. So selling an undivided interest changes your relationship to the property from sole control to shared control.
What this article does and does not settle
Article 1463 confirms that the sale of an undivided interest is valid; it does not, by itself, resolve everything that follows. How the co-owners later separate their shares, and any preferences a co-owner may have if another sells to an outsider, are matters governed by the broader rules on co-ownership rather than by this short provision. The article also speaks of a sole owner selling a fraction of what he alone owns — a different situation from a co-owner selling his existing share. The practical point for you is clear: as sole owner you are free to sell a fractional, undivided interest, but be ready for the co-ownership that results.
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 →