Short answer. No. Article 1209 provides that if one of the joint debtors is insolvent, the others are not liable for his share, even though the obligation itself is indivisible. The creditor absorbs that loss; it is not redistributed among the remaining solvent debtors.

What the law says

If one of the latter should be insolvent, the others shall not be liable for his share.

Civil Code, Article 1209 — Joint Indivisible Obligations. Read the full provision →

What the law says

the debt can be enforced only by proceeding against all the debtors

Civil Code, Article 1209 — Joint Indivisible Obligations. Read the full provision →

The insolvent debtor's share is not redistributed to you

Article 1209 answers your question directly. If one of the latter should be insolvent, the others shall not be liable for his share. Even though the obligation involves something indivisible that all of you jointly owe, the insolvency of one co-debtor does not shift that person's portion onto the rest of you. The creditor bears the loss of that share, not the remaining solvent debtors.

Why an indivisible thing still splits liability this way

This might seem to conflict with the fact that the obligation cannot physically be divided, but Article 1209 separates the nature of the thing owed from how liability is apportioned among joint debtors. Because the obligation is joint rather than solidary, each debtor answers only for their own proportionate share of liability, even where the underlying subject matter is indivisible — insolvency of one does not convert the others into guarantors of that share.

The creditor must proceed against all the debtors together

The article also shapes how the creditor can pursue the debt at all: the debt can be enforced only by proceeding against all the debtors. Because the thing owed cannot be divided, the creditor cannot simply collect a workable portion from whichever debtors happen to be solvent and treat the enforcement as complete — all the debtors have to be brought into the collective action, even knowing that the insolvent one's share will ultimately go unrecovered.

What this means for you and your co-debtors

Practically, you and the other solvent joint debtors remain responsible only for your own respective shares of the obligation — not for making the creditor whole on the insolvent debtor's portion. The creditor's remedy against the insolvent debtor for that particular share exists independently, but it does not create a right against you to cover the gap. This is a meaningful protection if you are worried that a co-debtor's financial troubles will be passed on to you simply because the underlying obligation happens to be indivisible. It also means the creditor, not the co-debtors, bears the practical risk of choosing to deal with a debtor who later turns out to be insolvent, which is a risk allocation this article settles rather than leaves open to negotiation among the debtors themselves.

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.