The partition of a commonly owned property

The partition of a commonly owned property "My brother and I own a property in Mandaluyong City which my mother bought sometime in the 80’s. We lived there since we were little kids. After her demise, it was transferred under our names. Now, I am about to get married, and my brother and I have talked about splitting the property between us so that we can have separate titles. I just want to inquire whether I have the right to do this or should it be a decision of both me and my brother. As of the moment, we could not agree as to which part will go to each of us. How should we go about it? Your advice will be greatly appreciated. VickyDear Vicky, Considering that the property you mentioned appears under your name and of your brother, it is deemed that the two of you are co-owners thereof. As co-owners, you are entitled to use the property for the purpose to which it was intended but without affecting each other’s interest. In the same manner, you are equally responsible in maintaining and preserving the aforementioned property.However, either you or your brother, or both of you, may seek for the partition of the property should you desire to terminate your co-ownership. As provided for under the law “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. x x x” (Article 494, New Civil Code). Partition may be done through the agreement of the parties. (Article 496, id) Nevertheless, it is more advisable in your case to file an action for partition because, as you have mentioned in your letter, you and your brother could not agree as to the distribution of your shares or portions of the property. If the value of the property does not exceed P50,000, the case should be filed before the Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial Court, as the case may be, where the property is situated. Should it exceed the aforestated amount, the case should be filed before the Regional Trial Court (Section 33 and 19, respectively, Judiciary Reorganization Act of 1980). It is important that the complaint in your action must state the nature and extent of your title and an adequate description of the real estate of which partition is demanded, and you must join as defendants all other persons interested in the property (Section 1, Rule 69, Rules of Court). If, during the hearing of your action, you and your brother are able to agree on the partition of the property, the proper instruments of conveyance shall be made and the court shall confirm your agreement, and the same shall be recorded in the registry of deeds of the place where the property is situated. On the other hand, if you do not reach an agreement as to which portion will belong to whom, the court will appoint not more than three competent and disinterested persons as commissioners to make the partition. (Section 3, id) After the commissioners make their report as regards the partition, such report shall be submitted to the court, and the clerk of court shall serve copies thereof to all interested parties. If no objection to the report is filed within 10 days from notice, the court will render judgment thereon and the same shall be recorded in the registry of deeds. Should the judgment of the court indicate that you and your brother are entitled to separate titles to the property, the same shall be made before said register of deeds.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/