In the Philippine legal system, the death of a person (the decedent) immediately triggers the transmission of their estate to their heirs. However, before the property is physically divided or legally titled to individual names, the heirs exist in a state of co-ownership. Understanding the transition from co-ownership to individual ownership through judicial partition is critical for managing inherited wealth and resolving familial disputes.

I. The Nature of Co-Heirs’ Rights

Upon the death of the decedent, the rights to the succession are transmitted from the moment of death (Article 777, Civil Code). Before partition, the heirs do not own specific parts of the estate; rather, they own an abstract, undivided share.

1. Right to the Whole and the Part

Every co-heir has full ownership of their part and of the fruits and benefits pertaining thereto. They may alienate, assign, or mortgage their share, but the effect of such a transaction is limited to the portion which may be allotted to them in the division upon the termination of the co-ownership.

2. Right to Use and Manage

Co-heirs have the right to use the things owned in common, provided they do so in accordance with the purpose for which they were intended and in a manner that does not injure the interest of the co-ownership or prevent the other co-heirs from using them according to their rights.

3. Right of Legal Redemption

If any of the co-heirs sell their hereditary rights to a stranger (someone outside the family or the circle of heirs) before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing the latter for the price of the sale. This right must be exercised within one month from the time they were notified in writing of the sale.

II. The Concept of Partition

Partition is the separation, division, and assignment of a thing held in common among those to whom it may belong. It can be done extrajudicially (by agreement) or judicially (by court action).

The General Rule of Partition

No co-heir shall be obliged to remain in the co-ownership.
Each co-heir may demand at any time the partition of the estate.

Exceptions:

When the decedent, by will, prohibited partition for a period not exceeding 20 years.
When the co-heirs have agreed that the property shall not be divided for a period not exceeding 10 years (renewable).
When partition is prohibited by law (e.g., party walls, easements).

III. Judicial Partition: The Process

When co-heirs cannot agree on how to divide the property, or when there are minor heirs or creditors involved that require court supervision, a Judicial Partition under Rule 69 of the Rules of Court is necessary.

1. Filing the Complaint

The action is initiated by filing a complaint in the proper Regional Trial Court (RTC). The complaint must state the nature and extent of the plaintiff’s title and contain an adequate description of the real estate. All persons interested in the property (co-heirs, creditors, etc.) must be joined as defendants.

2. The First Stage: Determination of the Right to Partition

The court first determines if a partition is indeed proper. If the court finds that the plaintiff has a right to partition, it will issue an order for partition. At this point, the parties may still agree among themselves on the division.

3. The Second Stage: Appointment of Commissioners

If the parties cannot agree on the division, the court appoints not more than three (3) competent and disinterested commissioners to make the partition.

The commissioners will take an oath and view the property.
They will divide the property into lots that are most advantageous and equitable.
If the property is "indivisible" (i.e., it cannot be divided without spoiling its value), the commissioners may recommend that it be assigned to one heir who compensates the others, or that it be sold at a public auction.

4. The Commissioners’ Report and Court Judgment

The commissioners submit a full report of their proceedings to the court. The parties are given 10 days to file objections. The court may then:

Accept the report and render judgment accordingly.
Set aside the report and appoint new commissioners.
Accept the report in part and reject it in part.

IV. Effects of Partition

Once the judgment of partition is rendered and recorded in the Registry of Deeds, the co-ownership is terminated.

Mutual Warranty: Co-heirs are reciprocally bound to warrant the title to, and the quality of, each property adjudicated. If an heir is evicted from their portion by a third party with a prior legal right, the other co-heirs must indemnify them.
Titles: The judgment of partition serves as the legal basis for the issuance of new Transfer Certificates of Title (TCT) in the names of the individual heirs.
Collation: Before final partition, heirs must bring into the mass of the estate any property or rights received from the decedent during the latter's lifetime by way of donation or other gratuitous title (Collation), to ensure the legitimes of all compulsory heirs are protected.

V. Prescriptive Period

While the right to demand partition is generally imprescriptible (it does not expire), this only applies as long as the co-heirs recognize the co-ownership. If one co-heir repudiates the co-ownership by claiming sole ownership and communicating this clearly to the others, the prescriptive period for an action for partition (or reconveyance) begins to run, typically 10 years from the date of repudiation.