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|08-05-2018, 07:31 PM||#1|
Join Date: Dec 2016
Rent for ones share of common owned property
I have a few questions regarding co-owned property in the Philippines.
There are several commercial spaces on the lower floors of the co-owned property that are rented out and there is a common residential quarter (living room, bedrooms, kitchen, bathroom/toilet) on the 2 uppermost floors. One co-owner (A) with her family including 2 sons and a married daughter with own children occupies the residential part. The spouse of co-owner (A) also occupies one of the commercial spaces for business without paying rent.
1. Can the other co-owners require co-owner (A) to pay them rent for the use of their share of the residential spaces?
2. Can the other co-owners require co-owner (A) and/or the spouse to pay rent for the use of a commercial space for business?
3. Can co-owner (A) rent out commercial spaces without consent from other co-owners?
4. Can the other co-owners ask co-owner (A) and family to leave so the whole property can be rented out and the income be shared equally among all co-owners?
5. Are there any specific laws and/or legal practices that regulate such situation as above that can be used by other co-owners to claim rentals from co-owner (A)?
6. Are there any other way to equally share the property and its benefits among co-owners?
Thanks in advance.
|08-05-2018, 09:23 PM||#2|
Top Level Member
Join Date: Dec 2009
Re: Rent for ones share of common owned property
I wish to inform you that Art. 484 will have jurisdiction in this matter. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. Ownership involves both Title and Possession. No co-owner is obliged to remain in the co-ownership and the co-owner may demand at anytime partition of the thing owned in common. If a mutual agreement cannot be reached, the co-owners may file an application in the Court for partition and appointment of Administrator. The Court will consider all the facts and decide the matter. The co-owners may seek guidance from a local attorney.
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