Text of the provision
Art. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed.
(404)
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 renderings and the Official Gazette, all three of which agree word for word.
What this article means
The way out of a co-ownership deadlock. When the property is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who would indemnify the rest, the thing is sold and the proceeds distributed. No co-owner can be kept in a co-ownership forever simply because the property cannot be cut up.
Related provisions
- Article 492 — How Co-owners Decide on Administration.
- Article 547 — Removing Useful Improvements.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.