Explanation of Article 626
Articles (626 - 633) address the rules, provisions, and effects of the division of common property. The division refers to the action that affects joint ownership, ending the joint ownership and resulting in each partner having a specific part of the ownership of the common property or its price. This is called final division, distinguishing it from another type of division known as temporary division, which does not end the joint ownership but requires the division of benefits among partners to organize the use of the common property. The provisions for this will be explained when discussing Article (634) and beyond.
The division, based on the method of execution, is of two types:
The first type: physical division, which involves dividing the common property into specific parts and allocating them so that each partner has an isolated part of the common property. This is the default type of division.
The second type is liquidation division, which is only conducted if physical division is impossible or impractical. In this case, the common property is sold, and the proceeds are divided among the partners.
The division, based on the agreement of the partners, is divided into consensual division and judicial division, as follows:
Consensual division is when the partners agree on the method of dividing the common property.
Judicial division is when the court conducts the division due to the inability of the partners to agree on the method of dividing the common property.
The article states that if the partners agree on the division of divisible property, the division is valid even if it reduces the utility or value of the property. For example, if the land is used as a rest area with multiple sections, or if a house can be divided into residential units but this reduces its value.
However, if no agreement is reached and one of the partners requests division, it becomes a judicial division, and the provisions of Article (627) apply, because consensual division of common property requires the consent of all partners, and the agreement of the majority is not sufficient.
Related To
Article 626
If all the owners in common agree to the partition of the property owned in common, the partition shall be deemed valid, even if it impairs the use of the property or reduces its value.