Text of the provision
Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.
(399)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The LawPhil and ChanRobles renderings differ here by a single word; the text above is the reading carried by two of the three sources, confirmed against the Official Gazette.
What this article means
Each co-owner fully owns their own undivided share, along with its fruits and benefits, and may sell, assign or mortgage it without anyone's permission. The catch is what the buyer actually gets: the effect of that transfer is limited to whatever portion is finally allotted to the seller when the co-ownership is divided.
Questions about this provision
Related provisions
- Article 438 — Who Owns Hidden Treasure.
- Article 501 — Co-owner's Warranty After Partition.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.