Text of the provision
Art. 497. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity.
(403)
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
Creditors or assignees of a co-owner may take part in the partition and object to one made without their concurrence — but they cannot attack a completed partition unless there was fraud or it was made despite their formal opposition.
Questions about this provision
Related provisions
- Article 496 — How Partition Is Made.
- Article 499 — Partition and Third Persons.
Cases citing this article
- Julita Rombaua Panganiban, et al. vs. Julita S. Oamil, G.R. No. 149313, January 22, 2008 — read the decision on LawPhil →
- Fe U. Quijano vs. Atty. Darill Almante, G.R. No. 164277, October 8, 2014 — 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.