Short answer. No, not by itself. Article 1769 states that co-ownership does not of itself establish a partnership, even where the co-owners share profits from using the property together. Simply splitting rent from a jointly owned property, without more, does not turn siblings who co-own it into business partners under the law.

What the law says

Co-ownership or co-possession does not of itself establish a partnership, whether such-co-owners or co-possessors do or do not share any profits made by the use of the property

Civil Code, Article 1769 — Rules to Determine Existence of a Partnership. Read the full provision →

What the law says

The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived

Civil Code, Article 1769 — Rules to Determine Existence of a Partnership. Read the full provision →

What the law says

As wages of an employee or rent to a landlord

Civil Code, Article 1769 — Rules to Determine Existence of a Partnership. Read the full provision →

What the law says

represents himself, or consents to another representing him to anyone, as a partner

Civil Code, Article 1825 — Partnership by Estoppel. Read the full provision →

Co-ownership does not by itself create a partnership

The rule that answers this is spelled out precisely for this situation. Article 1769 provides that "Co-ownership or co-possession does not of itself establish a partnership, whether such co-owners or co-possessors do or do not share any profits made by the use of the property." That covers your case directly: two siblings who jointly own a rental unit are co-owners, and splitting whatever rent that property earns is exactly the kind of profit-sharing this clause says does not, by itself, turn co-ownership into a partnership.

Sharing gross returns doesn't change that either

The article goes a step further and addresses gross income specifically, not just net profit: "The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived." So even before expenses are deducted, simply dividing what the rental property brings in, say, splitting the monthly rent evenly, does not, standing alone, satisfy what the law looks for in a partnership.

Receiving rent is one of the situations the law sets apart

The article also lists specific kinds of payments that do not create even a preliminary inference of partnership, even when a share of profits is involved. Among them: profits received "As wages of an employee or rent to a landlord." The point of listing these is to draw a line between arrangements that merely happen to involve shared income, like ownership and rent, and an actual partnership formed to carry on a business together. Splitting rent as co-owners of the property sits squarely on the ownership side of that line.

What could push it past co-ownership

None of this means two siblings could never become partners over how they run a jointly owned property — it means co-ownership and rent-splitting alone do not do it. A related provision on partnership by estoppel explains what can: if a person "represents himself, or consents to another representing him to anyone, as a partner" in dealings with third parties, that representation can create liability toward anyone who relied on it, regardless of whether an actual partnership exists between the siblings themselves. How you two present the arrangement to outsiders, banks, tenants, contractors, matters more than how you split the rent between yourselves.

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.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.