Text of the provision
Art. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement. A donor or testator may prohibit partition for a period which shall not exceed twenty years. Neither shall there be any partition when it is prohibited by law. No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership.
(400a)
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
No co-owner can be forced to stay in the co-ownership; each may demand partition at any time. Exceptions: an agreement to keep it undivided for up to ten years (renewable), a donor's or testator's prohibition for up to twenty years, or a legal prohibition. Prescription does not run between co-owners while the co-ownership is recognized.
Related provisions
- Article 491 — No Alterations Without Consent.
- Article 495 — When Physical Division Is Impossible.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.