Short answer. Yes. Article 501 of the Civil Code makes every co-owner liable after partition for defects of title and quality in the portions assigned to the other co-owners. If your portion has a title defect that was not disclosed or apparent at the time of partition, you can hold your former co-owners responsible.
What the law says
Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners.
Civil Code, Article 501 — Co-owner's Warranty After Partition. Read the full provision →
The mutual warranty created by partition
When co-owners divide property among themselves, each walks away with a specific portion and a legal guarantee from the others. Article 501 states that "every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners." This means the co-owners who received other portions warrant that what you received is free of hidden title problems. The obligation is mutual — you warrant their portions just as they warrant yours — and it arises automatically from the partition, without any special agreement.
What counts as a defect of title
A title defect is any infirmity that undermines your ownership of the portion you received. Common examples include an earlier unregistered sale by the original owner, a prior mortgage that was not disclosed and has since been foreclosed, a claim by a person with a better right under an older instrument, or a government encumbrance that was never reflected in the title. When a defect like these surfaces after partition and reduces or destroys your right to the portion, your former co-owners are legally liable to you for the resulting loss.
Defects of quality are also covered
Beyond title problems, Article 501 extends to defects of quality in the physical condition of the portion assigned to you. If the land or property you received has a serious hidden defect — an undisclosed hazard, a structural problem, or a condition that makes it substantially less useful or valuable than represented — that too is within the scope of the warranty. The defect must have been present at the time of partition and must not have been something you could reasonably have discovered with ordinary care. An obvious problem you accepted with eyes open generally cannot be the basis of a later warranty claim.
How to pursue the claim
If you discover a defect in your portion after partition, document it thoroughly: the nature of the defect, when you found it, and how it affects your ownership or use of the property. Your co-owners share liability proportionately — each is responsible for a share of your loss corresponding to their portion of the original co-ownership. The remedy is typically compensation for the value lost, not a forced reversal of the partition, though the specific outcome depends on the extent of the defect and what is practically possible. Bring the matter to the attention of a lawyer promptly, because warranty claims, like other civil claims, are subject to prescriptive periods.