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Showing 1–24 of 87 articles for “partition”

Acquisitive Prescription and Partition: Understanding Property Rights in the Philippines

Learn how acquisitive prescription and partition work in Philippine property law through a recent Supreme Court ruling on family inheritance disputes.

Oral Partition of Inheritance: Validity and Evidentiary Rules in Philippine Law

Philippine Supreme Court clarifies when oral partition of inherited land is valid, evidentiary requirements, and homestead patent limits on implied trusts.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

Co-Ownership Rights and Provisional Ownership in Property Disputes

Philippine Supreme Court clarifies that co-owners cannot eject each other from inherited property before partition, even with a Torrens title.

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

Co-Ownership vs. Partition: Clarifying Property Rights in the Philippines

A co-owner may sell only his undivided share; buyers become co-owners, and the proper remedy is partition, not annulment.

Overcoming Inheritance Disputes: How Courts Decide Property Sales Among Heirs

Philippine Supreme Court ruling on when a sale of inherited property among heirs may be voided and the land partitioned equally.

Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions

Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.

Torrens Titles, Inheritance Claims, and Ejectment: Key Lessons from Mariano v. Mariano

A Supreme Court ruling clarifies how Torrens titles prevail over inheritance claims in ejectment cases, and why delays in challenging fraudulent partitions can be fatal.

Property Partition and Agrarian Reform: When a Final Land Conversion Order Prevails

The Supreme Court explains when a final land conversion order bars agrarian reform coverage, and why finality and estoppel protect landowners.

Unlocking Inheritance Rights Understanding Illegitimate Childrens Entitlement TO Estate Partition IN THE Phili

The Supreme Court clarifies how illegitimate children inherit from their father's estate and when they can demand partition.

Prescription Prevails Upholding Land Title Integrity Against Delayed Claims

Supreme Court rules on property relations, donations between spouses, and heirs' rights in partition of land acquired during marriage.

Excluding Heirs in Estate Partition: A Guide to Philippine Succession Law

Learn how the Supreme Court resolved a quieting of title case involving excluded heirs, tax declarations, and property partition in Philippine succession law.

Co-Ownership and Property Rights in the Philippines: The Racho Case on Consent

The Supreme Court clarifies when co-owners may sell inherited property and why consent of all heirs is required before partition.

Partitioning Inherited Property: Why Precise Land Identification Matters for All Heirs

A Supreme Court ruling on partition shows why heirs must clearly identify inherited land. Learn the rules and practical lessons.

When a Deed Speaks Louder Than a Title: Resolving Land Ownership Disputes in the Philippines

The Supreme Court clarifies how co-ownership, oral partition, and redemption affect land ownership disputes in the Philippines.

Jurisdictional Thresholds in Property Partition: Assessed Value as Key Determinant

Philippine Supreme Court clarifies that partition actions require alleging the property's assessed value to determine which court has jurisdiction.

Heirs Inheritance Rights Partitioning Property Despite Unsettled Estates

Partition suits need the property's assessed value in the complaint; otherwise, courts lack jurisdiction and the case is dismissed.

CO Ownership AND THE Right TO Alienate Understanding Property Partition IN THE Philippines

Co-Ownership Rights and Partition Agreements: Understanding the Bulalacao-Soriano v. Papina Decision

A co-owner cannot sell a specific portion of common property; only co-owners may validly enter into partition agreements. Learn the rules.

When a Co-Owner Sells an Undivided Share: Ejectment and the Right to Partition

The Supreme Court explains when a buyer of a co-owner's share can defeat an ejectment case and who may validly partition the property.

Heirs Discord Upholding Partition Rights In Estate Disputes

The Supreme Court affirms that no co-heir may be forced to remain in co-ownership, and explains strict rules on appeals.

When a Notary Lacks Authority: How Defective Notarization Can Void Property Transfers

Philippine Supreme Court ruling on defective notarization, judicial partition, and why notarized documents require a validly commissioned notary public.

Formal Offer of Evidence Required: Heirs' Unpresented Deeds Fail in Partition Case

Supreme Court affirms that evidence not formally offered cannot be considered, even in inheritance disputes over land partition.