Text of the provision
Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be terminated in accordance with article 498.
(401a)
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
Co-owners cannot demand a physical division that would render the thing unserviceable for its intended use. Instead, the co-ownership may be ended under Article 498 (sale and distribution of proceeds).
Questions about this provision
Related provisions
- Article 494 — Right to Demand Partition.
- Article 496 — How Partition Is Made.
Cases citing this article
- Guillerma S. Silva vs. Conchita S. Lo, G.R. No. 206667, June 23, 2021 — read the decision on LawPhil →
- Reynaldo Reyes, as heir of Vitaliano Reyes vs. Sps. Wilfredo and Melita Garcia, G.R. No. 225159, March 21, 2022 — read the decision on LawPhil →
- Heirs of Cesar Marasigan etc. vs. Apolonio, et al. All surnamed marasigan, et al, G.R. No. 156078, March 14, 2008 — read the decision on LawPhil →
- Perla G. Patricio vs. Marcelino G. Dario III, et al, G.R. No. 170829, November 20, 2006 — 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.