Short answer. It's provisional, not final. Article 1084 lets co-heirs demand partition even while a voluntary heir's condition is pending, if they give sufficient security for that heir's rights should the condition be met. Until it is known the condition has failed or can never be fulfilled, the partition remains provisional.
What the law says
Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled
Civil Code, Article 1084 — Conditional Voluntary Heirs. Read the full provision →
What the law says
the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with
Civil Code, Article 1084 — Conditional Voluntary Heirs. Read the full provision →
What the law says
until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional.
Civil Code, Article 1084 — Conditional Voluntary Heirs. Read the full provision →
The conditional heir cannot demand partition
Article 1084 opens with a limit on a voluntary heir whose inheritance depends on a condition. It states that voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled. So that particular heir does not get to force a partition while their condition remains pending — their own right to demand it waits until the condition is actually met.
But the other co-heirs can, with security
That restriction does not stop the other co-heirs, though. The article continues that the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with. So the co-heirs who are not subject to any condition can push ahead with partition even while the conditional heir's situation is unresolved, provided they secure that heir's potential rights in case the condition is later fulfilled.
Why the partition is only provisional until then
That security requirement is exactly why the resulting division is not treated as final. The article states plainly that until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. The word 'provisional' is doing real work here: the partition stands and can proceed, but its ultimate shape remains subject to what happens with the pending condition, rather than being locked in immediately.
What resolves the provisional status
What eventually resolves the provisional status is the condition itself being resolved one way or the other — either it is fulfilled, in which case the conditional heir's secured rights come into play, or it becomes known that it has failed or can never be complied with, at which point the partition is no longer merely provisional. Until one of those outcomes occurs, treat the partition as subject to change rather than settled.