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Article 494-501 of the Civil Code of the Philippines Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid.
In a partition deed, division occurs by mutual consent amongst the co-owners. It is required that the partition deed is executed on a stamp paper and registered with the sub-registrar's office. A partition deed includes: Resolution and settlement of the dispute.
Judicial partition of estate File a petition in the proper court (The RegionalTrial Court of his/her place of residence if the property owner is a Philippine resident and any Regional Trial Court of his/her current province if the property owner is a foreign resident.)
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
Format of partition deed The partition deed format is as follows: Title of the deed. Parties involved; names and details of all the parties involved. Brief Description of the Property. Terms and conditions. Signatures and witnesses: signatures of all the parties involved, i.e., co-owners of the property.