RULE 69 - Partition

RULE 69 in court with the other proceedings in the case.
In making the partition, the

PARTITION commissioners (1) shall view and examine the real estate, after due notice to the
parties to attend such view and examination, and (2) shall hear the parties as to
Sec. 1. Complaint in action for partition of real estate. their preference in the portion of the property to be set apart to them and the
A person having a right to compel the partition of real estate may do so as provided in comparative value thereof, and (3) shall set apart the same to the parties in lots or
this Rule, (1) setting forth in his complaint the nature and extent of his title and an parcels as will be most advantageous and equitable, having due regard to the
adequate description of the real estate which partition is demanded and (2) improvements, situation and quality of the different parts thereof.
joining as defendants all other persons interested in the property.
Sec. 5. Assignment or sale of real estate by commissioners.
Sec. 2. Order for partition, and partition by agreement thereunder. When it is made to appear to the commissioners that the real estate, or a portion
If after the trial the court finds that the plaintiff has the right thereto, it shall thereof, cannot be divided without prejudice to the interest of parties, the court
order the partition of real estate among all the parties in interest. Thereupon, the may order it assigned to one of the parties willing to take the same, provided he
parties may, if they are able to agree, make the partition among themselves by pays to the other parties such amounts as the commissioners deem equitable,
proper instruments of conveyance, and the court shall confirm the partition so unless one of the interested parties asks that the property be sold instead of being
agreed upon by all the parties, and such partition, together with the order of the assigned, in which case the court shall order the commissioners to sell the real
court confirming the same, shall be recorded in the registry of deeds of the estate at a public sale under such conditions and within such time as the court may
place where the property is situated. determine.
A final order decreeing partition and/or accounting may be appealed by any party Sec. 6. Report of commissioners; proceedings not binding until confirmed.
aggrieved thereby. The commissioners shall make a full and accurate report to the court of all their
proceedings as to the partition, or the assignment of real estate to one of the parties,
The partition of the property may be (1) voluntarily effected by agreement or (2) or the sale of the same. Upon the filing of such report, the clerk of court shall serve
compulsorily as under this Rule. Even if the parties had resorted to judicial partition, copies thereof on all interested parties with notice that they are allowed 10
they may still make an amicable partition of the property. days within which to file objections to the findings of the report, if they so desire.
No proceeding had before or conducted by the commissioners shall pass the title to the
Venue – Regional Trial Court party or bind the parties until the court shall have accepted the report of the
commissioners and rendered judgment thereon.
General Rule: The right of action to demand partition does not prescribe.
Exception: Where one of the interested parties openly and adversely occupies the Sec. 7. Action of the court upon commissioners’ report.
property without recognizing the co-ownership, in which case acquisitive Upon the expiration of the period of 10 days referred in the preceding section, or
prescription may set in. even before the expiration of such period but after the interested parties have
filed their objections to the report or their statement of agreement therewith, the
Sec. 3. Commissioners to make partition when parties fail to agree. court may, (1) upon hearing, accept the report and render judgment in accordance
If the parties are unable to agree upon the partition, the court shall appoint not more therewith; or (2) for cause shown, recommit the same to the commissioners
than 3 competent and disinterested persons as commissioners to make the for further report of facts; or (3) set aside the report and appoint new commissioners;
partition, commanding them to set off to the plaintiff and to each party in interest such or (4) accept the report in part and reject it in part; and may make such order and
part and proportion of the property as the court shall direct. (in other cases, reference render such judgment as shall effectuate a fair and just partition of the real estate, or
to commissioners is discretionary with the court) of its value, if assigned or sold as above provided, between several owners thereof.
Sec. 4. Oath and duties of commissioners. Sec. 8. Accounting for rent and profits in action for partition.
Before making such partition, the commissioners shall take and subscribe an oath In an action for partition in accordance with this Rule, a party shall recover from
that they will faithfully perform their duties as commissioners, which oath shall be filed another his just share of rents and profits received by such other party from
the real estate in question, and the judgment shall include an allowance for such Nothing in this Rule contained shall be construed so as to prejudice, defeat, or destroy
rents and profits. the right or title of any person claiming the real estate involved by title under any other
Sec. 9. Power of guardian in such proceedings. person, or by title paramount to the title of the parties among whom the partition may
The guardian or guardian ad litem of a minor or person judicially declared to be have been made; nor so as to restrict or prevent persons holding real estate jointly or
incompetent may, with the approval of the court first had, do and perform on behalf of in common from making amicable partition thereof by agreement and suitable
his ward any act, matter, or thing respecting the partition of real estate, which the instruments of conveyance without recourse to an action.
minor or person judicially declared to be incompetent could do in partition proceeding if
he were of age or competent. Sec. 13. Partition of personal property.
The provisions of this Rule shall apply to partitions of estates composed of personal
Sec. 10. Costs and expenses to be taxed and collected. property, or of both real and personal property, in so far as the same may be
The court shall equitably tax and apportion between or among the parties the costs and applicable.
expenses which accrue in the action, including the compensation of the commissioners,
having regard to the interest of the parties, and execution may issue therefor as in
other cases.
Sec. 11. The judgment and its effects; copy to be recorded in registry of
deeds.
If actual partition of property is made, the judgment shall state definitely, by
metes and bounds and adequate description, the particular portion of the real
estate assigned to each party, and the effect of the judgment shall be to vest in
each party to the action in severalty the portion of the real estate assigned to him.
If the whole property is assigned to one of the parties upon his paying to the
others the sum or sums ordered by the court, the judgment shall state (1) the fact of
such payment and (2) the assignment of the real estate to the party making the
payment, and the effect of the judgment shall be to vest in the party making the
payment the whole of the real estate free from any interest on the part of the
other parties to the action.
If the property is sold and the sale is confirmed by the court, the judgment shall
state (1) the name of the purchaser or purchasers and (2) a definite description of the
parcels of real estate sold to each purchaser, and the effect of the judgment shall be
to vest the real estate in the purchaser or purchasers making the payment or
payments, free from the claims of any of the parties to the action.
A certified copy of the judgment shall in either case be recorded in the registry of deeds
of the place in which the real estate is situated, and the expenses of such recording
shall be taxed as part of the costs of the action.
Sec. 12. Neither paramount rights nor amicable partition affected by this
Rule.

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RULE 69 in court with the other proceedings in the case.

In making the partition, the

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