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What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
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.
After the partition suit is filed, the court will issue a notice to the defendant(s). The notice must be served to all the defendants, stating the nature of the suit and the relief sought. The defendants are given a specified period of time to respond to the notice.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
A legal notice stating each co-interest owner in the property, their portion, and the action to be done must be served on each co-owner before filing a partition suit in order to try to resolve the conflict.