Co-Owned Property Sale Without Consent in the Philippines

(A practitioner-oriented overview of law, procedure, and jurisprudence)

1. Conceptual Framework

Key term	Civil Code anchor	Core idea
Co-ownership	Arts. 486–494	Each co-owner owns an ideal or undivided share, not a specific portion of the land.
Disposition	Art. 493	A co-owner may alienate only his own undivided share without others’ consent.
Acts of strict ownership (e.g., sale of the entire property)	Art. 491	Unanimous consent is required; otherwise the act is void as to the shares of non-consenting co-owners.
Right of legal redemption	Arts. 1620–1621	Remaining co-owners may redeem a share sold to a stranger within 30 days from written notice.

2. Validity of a Sale Executed Without the Consent of All Co-Owners

If the deed expressly conveys only the seller’s undivided interest
- Valid between the parties.
- Buyer steps into the seller’s shoes as a new co-owner.
- Registration may be annotated on the title (but does not partition the land).
If the deed purports to convey the entire property (seller signs for everyone):
- Void pro-tanto—effective only as to the seller’s share; void with respect to non-consenting co-owners (Art. 1390, 1397 [1]).
- Buyer acquires no title over the shares of the others, even if the deed is registered.
When is the deed wholly void?
- If forged signatures of the other co-owners appear, the deed is a nullity ab initio; registration cannot validate it (Spouses Abalos v. Heirs of Gomez, G.R. 158989, Jun 29 2005).
- If the sequestered property is conjugal or community property and only one spouse signed without authority (Art. 96, 124, Family Code), the sale is void without written spousal consent or court approval.

3. Registration under the Torrens System

Non-consensual sale may still be entered in the Primary Entry Book if in proper form.
The Register of Deeds is a ministerial officer and need not verify co-ownership.
But: Registration does not cure voidness vis-à-vis non-consenting co-owners; they may seek:
- Reconveyance or cancellation of the buyer’s transfer certificate of title (TCT).
- Reversion if the land is covered by the Public Land Act and alienation violates restrictions.

Rule on buyers in good faith: Torrens registration protects only innocent purchasers for value against hidden defects of title; it does not protect a buyer who knew—or, from the face of the deed, should have known—that the seller owned only an undivided share (Spouses Mathay v. Court of Appeals, G.R. 124374, Mar 16 1998).

4. Remedies of the Non-Consenting Co-Owners

Remedy	Governing provision	Prescriptive period
Action for annulment / reconveyance	Arts. 1391, 1397	4 years (voidable) / imprescriptible if void ab initio
Legal redemption	Art. 1620	30 days from written notice of sale
Acción reivindicatoria (recovery of possession & ownership)	Art. 434	Up to 30 years (ordinary acquisitive prescription)
Partition (judicial or extra-judicial)	Rule 69, Rules of Court; Art. 494	Imprescriptible while co-ownership subsists

Tip: Redemption must be exercised in writing and accompanied by tender of price. Absent notice, the 30-day clock never starts (Cabales v. Court of Appeals, G.R. 78214, Apr 15 1988).

5. Rights & Obligations of the Buyer

He becomes a co-owner pro-indiviso for the proportionate share purchased.
Must respect existing use or possession by other co-owners (Art. 493, 487).
May demand partition at any time, unless juridically or conventionally suspended.
Subject to possible redemption, annulment, or reconveyance suits.
Taxes & fees: Buyer shoulders documentary stamp tax (DST) and transfer tax on the value of the share; capital gains tax (CGT) remains seller’s burden under BIR regulations.

6. Criminal Exposure of the Errant Seller

Estafa (Art. 315 par. 2[a], RPC) – when the seller misappropriates property he co-owns in trust for others.
Falsification (Art. 171 par. 1, RPC) – if signatures are forged.
Civil action for damages may be pursued concurrently or separately.

7. Impact of Property Regimes Between Spouses

Regime	Who must sign the deed?	Basis
Absolute community	Both spouses, or one with written authority of the other, or court approval (Art. 96)	Family Code
Conjugal partnership	Same rule (Art. 124)	Family Code
Separation of property	Only the registered owner	Valid marriage settlement or judicial separation

A deed signed by only one spouse, in violation of Art. 96/124, is void; the period to file an action for nullity is imprescriptible.

8. Partition Alternatives & Practical Considerations

Extra-Judicial Settlement with Sale (EJS) under Rule 74 if:
- No outstanding debts;
- All heirs are of age or represented;
- Publication for 3 consecutive weeks in a newspaper;
- Filing of a bond equivalent to the value of personal property.
Judicial Partition (Rule 69) – Court appoints commissioners to divide or sell the property.
Voluntary Agreement – All co-owners may agree to:
- Sell to a third party and divide proceeds;
- Buy-out the share of the dissenting party;
- Dacion en pago (property in payment of debt).
Zoning, right-of-way & subdivision permits must be secured if partition results in new technical descriptions for each lot.

9. Prescription and Laches

Co-owner cannot acquire full ownership by prescription against the others unless he repudiates the co-ownership in a clear and unequivocal manner and such repudiation is communicated to them (Heirs of Malate v. Gamboa, G.R. 170139, Oct 12 2016).
Registration of the unilateral deed alone seldom suffices; there must be overt acts of exclusive dominion.

10. Tax & Transaction Cost Snapshot

Item	Rate	Tax base
Capital Gains Tax (seller)	6 %	Greater of zonal value or gross selling price attributable to seller’s share
Documentary Stamp Tax (buyer)	₱15 per ₱1,000	Same base as CGT
Transfer Tax (buyer)	0.5–0.75 %	Market value as fixed by LGU
Registration Fee	Graduated	Based on consideration/value

Unpaid estate tax on inherited property prevents transfer of title; settlement of estate is a pre-sale prerequisite.

11. Checklist Before Accepting a Co-Owner’s Offer to Sell

Trace title: Get a certified true copy of TCT/OCT and last tax declaration.
Verify co-owners: Check pedigree (extrajudicial settlement, deeds of donation, succession).
Demand written waivers or proofs of notice to other co-owners.
Inspect for lis pendens, adverse claims, annotations.
Compute redemption risk—keep purchase price & notice handy.
Secure SPA if seller signs through an agent; SPA must be notarized & registered.
Ensure tax compliance (CGT, DST, estate tax).
Prepare for partition expenses and possible litigation.

12. Frequently Litigated Issues & How Courts Have Ruled

Issue	Leading case	Ratio decidendi
Forged deed; buyer in good faith	Spouses Abalos	Forgery voids title; Torrens system does not protect holder under forged deed.
One co-owner sells entire property w/ warranty	Alesna v. Heirs of Alesna	Warrantor liable for eviction to extent of shares of others plus damages.
No notice of sale; redemption years later	Cabales	30-day period never begins without written notice; redemption timely.
Spouse sells conjugal land alone	Spouses Mathay	Deed void; buyer gets nothing.
Long inaction amounts to laches	Heirs of Malate	Must show unequivocal repudiation; mere possession not enough.

13. Practical Litigation Strategy

Plead alternative causes of action: annulment, reconveyance, partition, damages.
Record a lis pendens immediately upon filing to alert third parties.
Consider amicable settlement (Judicial Dispute Resolution) to split proceeds or buy-out.
File simultaneous criminal case only if evidentiary support is strong (for leverage).
Seek injunction if defendant attempts further transfers.

14. Key Takeaways

A co-owner may unilaterally sell only what he owns. Anything beyond is void vis-à-vis the others.
Registration ≠ validation; the Torrens system is a shield, not a magic wand.
Legal redemption is a fast, inexpensive cure—observe the 30-day window triggered by written notice.
Due diligence is critical for buyers: title trace, co-owner consent, tax clearances.
Timely action preserves rights; void sales can still require litigation to undo.

Disclaimer: This article is informational and not a substitute for individualized legal advice. Laws, tax rates, and jurisprudence are current as of July 17 2025 and pertain to Philippine jurisdiction. Consult counsel for specific transactions.