Explanation of Article 619
The article indicates that joint ownership means that two or more individuals own a specific property without any of them having exclusive ownership of a particular part of it; each of them owns a common share in the property, such as half, a quarter, or something similar, and their share in the ownership relates to every part of that property. The principle is that the determination of each partner's share occurs at the acquisition of joint ownership and the commencement of the state of commonality. If the source of joint ownership is inheritance, each partner's share in the property is determined by their share in the inheritance. If the source of ownership is a will, the testator specifies the share of each of the beneficiaries. If the source of joint ownership is a contract, the determination of each partner's share is usually in the contract. However, the shares may not be determined at the acquisition of joint ownership, such as when several people purchase a property jointly without explicitly agreeing on each person's share. In such cases, the shares are equal unless there is evidence to the contrary. The evidence that may be inferred to show unequal shares could be each partner's share in the price; for example, if one partner pays a quarter of the price and the other three-quarters, this could be an indication that the first partner's share is a quarter and the second's is three-quarters, unless there are other indications that could weaken this inference, such as if the one who paid a quarter of the price has expertise desired by the other. In summary, if there is doubt in determining the shares, the shares are equal.
Related To
Article 619
In case of multiple owners of a thing the shares of which are not apportioned, they shall be deemed owners in common, and their shares shall be deemed equal, unless proven otherwise.