Action for Partition

What is partition of property?

A - Partition is the separation, division and assignment of a thing held in common or in co-ownership (Art. 1079, Civil Code).

Q - What are the kinds of partition?

A - The kinds of partition are as follows:

a.) Judicial - when the partition is coursed through the court:

a.1.) Administration proceedings (Rule 84, Section 90);

a.2.) Judicial summary settlement (Rule74, Section 2);

a.3.) Ordinary action for partition (Rule 74, Section 1; Rule 69, RRC).

b.) Extra-judicial - when the partition is done without judicial intervention:

b.1.) When the co-heirs voluntarily agree among themselves to partition the estate of the decedent (Rule 74, Section 1; Art. 1083 and Art. 1085, NCC);

b.2.) When the sole heir adjudicates to himself the entire estate of the decedent by executing an affidavit of adjudication (Rule 74, Section 1);

b.3.) By the decedent through an act inter vivos (Art. 1080);

b.4.) By the decedent through his will (Art. 1080);

b.5.) By a person entrusted by the testator or decedent to make physical division of the estate for the benefit of the heirs entitled thereto (Art. 1081, paragraph 1).