Can a Co-Owner Sell His Share of Inherited Land?

When a person dies and leaves more than one heir, Article 1078 says that, before partition, "the whole estate of the decedent is... owned in common by such heirs, subject to the payment of debts of the deceased." Article 484 defines co-ownership as ownership of "an undivided thing or right" by different persons. Unless proved otherwise, the shares are presumed equal (Art. 485).

So until the estate is divided, by an extrajudicial settlement or in court, no sibling owns a specific part of the lot. Each owns a fraction of the whole. How big each fraction is depends on the rules in Who inherits if there is no will?

Article 493 says:

In plain words: a brother may sell "his share", but the buyer steps into his shoes as a co-owner. The buyer cannot fence off a particular corner of the lot until there is a partition. In Rebusquillo v. Spouses Gualvez (2014), the Supreme Court said that a co-heir "did not have the absolute ownership of the subject property but only an aliquot portion," so that portion was all she could have transferred.

Yes, if the share was sold to someone outside the co-ownership. There are two similar rules:

• Co-heirs, before the estate is divided (Article 1088): they may take the place of the buyer by reimbursing the price, "within the period of one month from the time they were notified in writing of the sale by the vendor."
• Co-owners in general (Articles 1620 and 1623): a co-owner may redeem shares sold to a third person. If the price is grossly excessive, the redemptioner pays only a reasonable one. If two or more co-owners want to redeem, they do so in proportion to their shares.

Article 1623 sets the period and protects the co-owners at the registry:

No. In Cua v. Vargas (2006), some heirs sold their shares of a lot to a buyer, and one of the other heirs said she learned of it only when the old house on the lot was being demolished. The first two courts said the other heirs' actual knowledge of the sale was enough. The Supreme Court disagreed: "there is a need for written notice to start the period of redemption." It added that "the method of notification remains exclusive, there being no alternative provided by law," and that the duty to send the written notice falls on the heirs who sold. Since no written notice was ever sent, the other heirs could still redeem the shares.

This page does not say whether a particular message, such as a text or chat message, counts as written notice: the decisions we read do not answer that. Ask a lawyer.

Yes. Article 494 says:

Co-owners may agree to keep the property undivided for up to ten years, and may extend that by a new agreement. A donor or a person making a will may prohibit partition for up to twenty years (Arts. 494 and 1083). Partition is made by agreement or in court (Art. 496).

If the property cannot be physically divided without making it useless, such as a small house, the co-owners may agree that one of them keeps it and pays the others. If they cannot agree, Article 498 says "it shall be sold and its proceeds distributed."

• Each co-owner may use the property, as long as it does not harm the co-ownership or stop the others from using it (Art. 486).
• Each co-owner may require the others to share the costs of preservation and the taxes (Art. 488).
• No co-owner may make alterations without the others' consent, even if all would benefit. If a refusal clearly harms the common interest, a court may give relief (Art. 491).
• Any co-owner may file an ejectment case (Art. 487).
• On partition, the co-owners account to each other for benefits received and expenses paid (Art. 500).
• A co-owner cannot become sole owner by prescription while he expressly or impliedly recognizes the co-ownership (Art. 494).

These are made-up examples to show how the rule works. They are not advice for any real case.

Rico and his three sisters inherit a lot that has not been divided. Rico sells his one-fourth to a neighbor and only tells his sisters by word of mouth, "nabenta ko na." Following Article 1088 and Cua v. Vargas, the one-month period has not started, because Rico never gave them written notice. The sisters can still take the neighbor's place by paying him the price.

Two co-owners of an inherited house want to sell it; the third refuses. Any co-owner may demand partition at any time (Art. 494). The house cannot be split, so if they cannot agree that one of them buys out the others, it is sold and the price shared (Art. 498).

Elena lives in the family house co-owned with her brothers. She may use it but may not lock them out (Art. 486). When the property is divided, the benefits she received are accounted for (Art. 500).

Many disputes between relatives living in the same city or municipality must first go to the barangay. For disputes about real property, Section 409(c) of the Local Government Code says the case is brought in the barangay where the property, or the larger part of it, is located. See Do I need to go to the barangay first? If a parent is thinking of transferring land to the children while alive instead, see Donation vs sale of property to children.

Talk to a lawyer before you buy a share of inherited land, before you sell your own share, and as soon as you learn that a co-heir sold to a stranger, because the redemption period can be short once written notice is given. A lawyer can also help with a partition case or a dispute about who has used the property.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options. For the whole topic, see Inheritance in the Philippines.