Page 176 - Important Provisions of The New Civil Code

Article 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)

Article 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)

Article 501. Every co-owner shall, after

partition, be liable for defects of title and quality

of the portion assigned to each of the other co-

owners. (n)