Short answer. Your usufruct now covers whichever specific piece was allotted to that co-owner in the partition. Article 582 of the Civil Code provides that when co-ownership ends by division, the usufruct of the part assigned to the co-owner belongs to the usufructuary — it follows the allotted portion.

What the law says

the usufruct of the part allotted to the co-owner shall belong to the usufructuary

Civil Code, Article 582 — Usufruct of an Undivided Share. Read the full provision →

The rule: the usufruct follows the allotted portion

Article 582 of the Civil Code resolves exactly your situation. When co-ownership ends through partition and the co-owners each receive a specific piece of the formerly shared property, any usufruct that previously covered an undivided share does not disappear. Instead, the usufruct attaches to whichever portion was allotted to the co-owner whose share was subject to the usufruct. Your right as usufructuary survives — it just becomes tied to a defined, identifiable piece of land rather than a percentage of an undivided whole.

What this means for you practically

Before partition, you had the right to enjoy the fruits of the co-owner's proportional interest in everything held in common — you could not point to a specific parcel and say it was yours to use. After partition, the uncertainty resolves. The parcel assigned to the co-owner is now the specific land your usufruct covers. You are entitled to the fruits of that parcel — rent, harvest, income — for the remaining duration of the usufruct. The right has become more concrete, not less.

You had rights before partition too

Article 582 also addresses the period before partition. While the co-ownership was intact, the usufructuary of an undivided share was entitled to exercise all the rights pertaining to the owner thereof with respect to the administration and the collection of fruits or interest. This means that even in the undivided state, you had a real and enforceable role — not just a passive expectation of eventual income. The partition does not diminish rights you had; it clarifies what piece of land they now rest on.

What to do now that partition has occurred

Once you know which parcel the co-owner received, confirm that the partition deed or agreement reflects the encumbrance — that your usufruct is noted or registered against that specific lot. If the partition documents do not mention the usufruct, the co-owner may have documents that appear clean to a third party, which can create complications. Verifying that your right appears on the title or in the applicable records protects you from future disputes about whether the usufruct survives or what it covers. A lawyer can assist with that registration and confirm your current position.

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.