Civil Code (Cap. 16), article 495

495. (1) Each co-owner has the full ownership of his share and of the profits or fruits thereof. (2) He may freely alienate, assign, or hypothecate such share, and may also, subject to the pr ovisions of article 912, substit ute for himself another person in the e njoyment thereof, unless persona l rights are concerned: Provided that the effect of any alienation or hypothecation shall be restricted to that portion which may come to the co-ow ner on a partition. ( 3 ) W h e r e t h e h e i r s i n a n i n heritance continue to hold in common, property deriv ing from the succession for more than thr ee years and no action has been instituted before a court or other tribunal for the partition of the property within three years f rom the opening of the succession and the portions of the heirs in the said inheritance are the same in respect of all the assets of the inheritance, each co-owner shall be deemed to be co-owner of ea ch and every item of prop erty so held in common: Provided that this sub-a rticle shall not apply: (a) when property held in common is subject to any right of habitation, use or of usu fruct, for such time during which such right is in force; or (b) when the property held in common consists of property which of its very kind has of necessity to be kept indivisible; or (c) when persons who are holding the property deriving from the succession in common agree otherwise: 148 [CAP. 16. CIVIL CODE Provided further that the peri od of three years referred to in this sub-article shall commence to run together with, and shall be deemed as one with, the period of three years referred to in ar ticle 495A(1). Where co-owners fail to agree in respect of a sale of a thing held in common. Added by: XVIII.2004.46. Amended by: XIV .2016.3.