Why Delaying Partition Could Lead to a Family Real Estate Telenovela
By: Atty. Eugenio L. Riego II, LLB, MPA, REB
The Scenario
Once upon a time in a peaceful barangay where roosters crow and gossip flows faster than fiber internet, lived Pedro Sr., the patriarch of a simple yet dignified family. Pedro Sr. owned a 1000-square-meter lot—a quiet property with a mango tree, enough space for a sari-sari store, and a future full of potential.
When Pedro Sr. passed on to the great beyond (hopefully with a clean land title), he left behind his three sons: Pedro Jr., Juan, and Tomas. These brothers were the embodiment of the phrase “blood is thicker than legal paperwork.” They did not rush to settle the estate, did not talk to a notary public, and certainly did not execute an extrajudicial settlement. Instead, they simply agreed—verbally, over coffee and pan de sal—that since they all loved each other and there were no issues, they’d just co-exist peacefully on the land.
So, they built houses on different portions of the lot. Pedro Jr. on the left, Juan in the middle, and Tomas near the back, where the mango tree stood guard like a retired barangay tanod. For decades, all was well.
Until life, as it always does, threw a wrench.
Tomas passed away. His only heir, Tomas Jr., who wasn’t exactly “close” with the uncles (he preferred TikTok over tuba and hung out more with his mother’s side), decided to sell the portion of land and the house his father used to occupy. Turns out the land had become commercially hot property—near malls, fast-food chains, and where the tricycle fare mysteriously doubled.
Pedro Jr., alarmed and sentimental, opposed the sale. “You can’t just sell a part of the land like that! It was our father’s!” he exclaimed.
But Tomas Jr., cool as a cucumber, responded:
“I inherited my father’s house and his rights over the land he lived on. He built that house! I have the original water bill to prove it. So yes, I can sell it.”
Now the question is:
Can Tomas Jr. validly sell the portion of the land his late father occupied without the consent of his uncles?
The Legal Answer
Short answer?
No. Sorry, Tomas Jr. — you may be young and enterprising, but real property law is unimpressed by youth and water bills.
Here’s why:
When a landowner (like Pedro Sr.) dies without a will, and leaves behind more than one heir, the property becomes co-owned by all the heirs. This co-ownership persists until there is a formal partition, either through:
- An extrajudicial settlement (if no will, no debts, and all heirs agree),
- A judicial partition, or
- A voluntary agreement with clear boundaries and notarized documents.
In this case, the lot is still under co-ownership by Pedro Jr., Juan, and the heirs of Tomas (that is, Tomas Jr.). Without any formal partition, no heir can sell a specific portion of the land, even the part they’re living on — because that part hasn’t been legally assigned to them yet.
So yes, Tomas Jr. inherited his father’s undivided share of the property, but he did not inherit exclusive ownership of a particular spot. That house he wants to sell? It might be sitting on the theoretical “share” of Pedro Jr. or Juan. In co-ownership, no one owns any specific square meter until it’s partitioned.
Supreme Court Case
This legal principle was clearly established in the case of:
Mabalo v. Heirs of Babuyo, G.R. No. 238468 (2022)
In this case, Ms. M bought a portion of land from Ms. S which was later found to be part of a property co-owned by the heirs of RB. Ms. M was sued for forcible entry and was ordered to vacate the portion she occupied and remove her improvements. The courts ruled that the subject lot remained undivided and co-owned by the parties. M’s argument that she had a right to the portion based on her purchase from Ms. S was rejected. The courts found that the portion was unlawfully taken from the heirs of RB and ordered MS. M to vacate. The court also modified the previous award of rent and attorney’s fees. The decision was affirmed by the Court of Appeals, and M’s petition was ultimately denied.
Just like the above scenario, one of the heirs sold a specific portion of the land to a third party without the consent of the others, thinking, “Well, this is where I live. I inherited this. I can sell it.” (Sound familiar?)
The other heirs objected, saying: “Hey, you can’t just pick a spot, build a house, and say it’s yours. This land belongs to all of us until it’s legally divided.”
A family feud followed, court cases were filed, and we imagine many family reunions were forever canceled.
Ruling of the Supreme Court
The Supreme Court has declared:
“In a co-ownership, no individual co-owner can claim ownership over a definite portion of the land until there is a partition. Any sale of a specific portion by a co-owner is valid only insofar as the seller’s undivided share is concerned.”
In simpler terms:
You can sell your share in the pie — but not a specific slice until all co-owners agree how to divide it. You can’t sell “that part near the mango tree” and leave the rest fuming.
So, Tomas Jr.’s sale would only cover his proportional interest as heir to Tomas Sr. — not the physical house and lot he’s trying to cash in on. And the buyer? Well, he might just be buying into a family lawsuit.
Quick Advice
Dear readers, here’s your dose of practical wisdom — flavored with legal reality and a hint of sibling drama:
It’s very common in Filipino families to leave inherited land “as is” for decades, especially when the heirs are getting along and no one wants to deal with the paperwork. They say things like:
“Okay na ‘yan, magkakapatid naman tayo.”
“Wala namang gulo, huwag na nating gastusan ‘yan.”
But here’s the truth bomb:
What starts as peaceful ends in probate. And usually, the next generation isn’t as close, isn’t as cooperative, and frankly, has other plans (like selling grandma’s garden for a coffee shop).
So here’s the advice, whether you’re Pedro Jr., Juan, or a TikTok-loving Tomas Jr.:
- Settle the estate early. Execute an extrajudicial settlement, register it, and partition the property. If you can’t agree, go to court before things escalate to cousin-on-cousin shouting matches.
- Don’t assume that living in a house means you own the land beneath it. That only works in fairy tales and barangay myths.
- Don’t sell what you can’t prove you own. You might end up selling your credibility more than the property.
- If you’re the buyer, always check the title. And if you’re told “it’s just family land,” consider running far, far away.
And lastly, to the elders out there:
Before you leave this earth, leave your land in order. Because nothing says “rest in peace” like children not fighting over your mango tree.
If this story sounds too familiar, maybe it’s time to call your lawyer. Or your siblings. Or both.
And remember, families that partition together, prosper together.
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