Text of the provision
Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. This power of the testator to prohibit division applies to the legitime. Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs.
(1051a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Every co-heir has a right to demand the division of the estate, unless the testator expressly forbade partition — in which case indivision may not exceed twenty years.
Questions about this provision
Related provisions
- Article 1082 — Any Act Ending Indivision Is a Partition.
- Article 1084 — Conditional Voluntary Heirs.
Cases citing this article
- Guillerma S. Silva vs. Conchita S. Lo, G.R. No. 206667, June 23, 2021 — read the decision on LawPhil →
- Heirs of the Late Gerry Ecarma vs. Court of Appeals and Renato A. Ecarma, G.R. No. 193374, June 8, 2016 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.