Q. Dear Atty. Wong, we have a 39-year-old apartment rental building in the Philippines that we inherited from our parents. Property title is under all our names.
Being an old building, lots of repairs are needed. One of my siblings does not want to share the apartment repair expenses but wants to receive the monthly rental income collection only. What would be my right together with my other siblings who would be willing to share the repair expenses?
What is the right of that sibling who does not want to share in the repair expenses?
Likewise, we own an ancestral residential house under all our names too. That same sibling lives in that house with his family and does anything like high wall division from my other sibling’s house, changing or adding rooms, etc., without consulting or advising anyone of us. He thinks he owns that house solely. The situation is creating some family problems. Any help and advice you can give is very much appreciated. Thank you so much. MG.
Ans: Under the law there is co-ownership whenever the interest of an undivided thing or rights belongs to different persons, such as in the case of the property you mentioned .
As a rule the use of the thing owned in common is governed by agreement (express or implied ) between or amongst the co-owners in conjunction with the purpose of the co-ownership . In the absence of such agreement , the provision of the law in co-ownership as explained hereof shall apply.
All co-owners in proportion to their interest or rights owned in common are duty bound to share the burden and the cost of maintaining and preserving the property. In the same vein, co-owners have also the same right to receive his or her share of whatever fruits or income that the property co-owned should yield. ( see Art. 485 of the Civil Code of the Philippines, as amended).
In case a co-owner ( like your sibling) refuse to contribute to the cost and maintenance of the property owned in common, the other co-owner may proceed to advance the necessary amount to be used in the preservation of the property and demand payment or reimbursement from the other co-owner.
Under the existing law, each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt him from this obligation by renouncing so much of his/her undivided interest as may be equivalent to his/her share of the expenses and taxes.( Art. 488- ibid).
As regard to the ancestral home, as a rule , each co-owner may use the thing owned in accordance with the purpose for which it is intended in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. (Art. 486-Civil Code of the Philippines). So what is intention of the co-owners as far this ancestral home is concerned? About its use or purpose? Thus, the intention and the purpose agreed upon by the co-owners should therefore govern the use/utility of your ancestral house.
Moreover under the law , the changing or alteration of the walls or partitions of the thing or property owned in common requires the consent of all other co-owners. (Art. 491-Ibid). Thus, it is clear that the alterations of the walls and rooms made by your sibling are contrary to law.
It appears from your narration that thus far, it is only this one particular sibling who is giving you the problem. What you should do is for you and your other siblings to join together and agree on the manner by which the property owned in common by managed and administered. The decision or resolution by the majority of the co-owners as regards to the subject property shall be binding upon all co-owners. ( Art.492-Ibid).
If this problem cannot be settled amicably by yourselves and even with the intercession or mediation of relatives or friends, your only other option is to go to the court of law in order to compel the recalcitrant co-owner(s) to respect the rights of the other co-owners and/or to demand for the partition or division of the things owned in common and thus terminate the co-ownership .
The court can also order the defaulting co-owner to reimburse you and other co-owners of whatever expenses that was advanced and applied in the preservation of the property of the co-ownership.
Thank you for writing and looking forward you’ll find the above in order.
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