Civil Code

A manager of the property in co-ownership may perform any act relating to the management of the property in co-ownership; provided, however, that no co-owner may make changes (excluding those that do not involve an extreme change in the shape or function; the same applies in the following paragraph) to the property in co-ownership without the consent of all co-owners.

If a manager of the property in co-ownership is unable to ascertain the identity of a co-owner or their whereabouts, the court, at the request of the manager of the property in co-ownership, may render a judicial decision to the effect that changes may be made to the property in co-ownership with the consent of the co-owners other than the co-owner.

When the co-owners have decided on particulars regarding the management of the property in co-ownership, a manager of the property in co-ownership must perform the manager's duties in accordance with their decisions.

Any acts of a manager of the property in co-ownership performed in violation of the provisions of the preceding paragraph have no effect on the co-owners; provided, however, that this may not be duly asserted by a co-owner against a third party acting in good faith.

Each co-owner pays management expenses and bears other burdens regarding the property in co-ownership, in proportion to each co-owner's interest.

If a co-owner does not perform the obligations referred to in the preceding paragraph within one year, other co-owners may acquire that co-owner's interest by paying a reasonable compensation.

A claim that one of the co-owners holds against other co-owners with respect to the property in co-ownership may be exercised against their specific successors.

If one of co-owners waives interest or dies without an heir, the waived interest belongs to the other co-owners.

Each co-owner may demand the partition of property in co-ownership at any time; provided, however, that this does not preclude concluding a contract agreeing not to partition that property for a period not exceeding five years.

The contract under the proviso to the preceding paragraph may be renewed; provided, however, that its period may not exceed five years from the time of the renewal.

The provisions of the preceding Article do not apply to the property in co-ownership provided for in Article 229.

If co-owners are unable to reach an agreement on, or unable to discuss, the partition of property in co-ownership, they may request the court to partition the property in co-ownership.

The court may order the partition of property in co-ownership by any of the following methods:

partitioning the actual property in co-ownership;

having a co-owner assume a debt and acquire in exchange all or part of another co-owner's ownership share.

If it is not possible to partition the property in co-ownership by a method prescribed in the preceding paragraph, or if the partition of the property in co-ownership is likely to significantly reduce the value of the property, the court may order the sale at auction.

In a judicial decision on the partition of property in co-ownership, the court may order the parties to pay any money, deliver any objects, perform their obligation to register, or perform any other act.

If all, or a share of the property in co-ownership belongs to inherited property, the property in co-ownership or the share in question may not be partitioned under the provisions of the preceding Article when the coheirs make a division of inherited property with regard to all of, or a share of, the property in co-ownership.

Notwithstanding the provisions of the preceding paragraph, if a share of the property in co-ownership belongs to inherited property, if ten years have passed since the time of commencement of inheritance, the share of property in co-ownership belonging to the inherited property may be partitioned in accordance with the provisions of the preceding Article; provided, however, that this does not apply if there is a request for division of inherited property with respect to the share of property in co-ownership, and an heir has filed an objection to the partition of the share of property in co-ownership in accordance with the provisions of the same Article.

If an heir files an objection referred to in the proviso to the preceding paragraph, it must be filed with the court that received the request under paragraph (1) of the preceding Article, within two months from the date on which the heir received from that court a notice to the effect that the request had been made.

If one of the co-owners holds a claim regarding co-ownership against other co-owners, upon partition, the portion of the property in co-ownership that belongs to the obligor may be appropriated for the payment of the same.

If it is necessary to sell the portion of the property in co-ownership that belongs to the obligor to obtain the payment referred to in the preceding paragraph, the obligee may demand the sale of the same.

A person that holds a right with respect to property in co-ownership and an obligee of any of the co-owners may participate in partitions at their own expense.

If, notwithstanding a request for participation under the provisions of the preceding paragraph, partition is effected without allowing the participation of the person that submitted the request, that partition may not be duly asserted against the person that submitted the request.

Each co-owner provides the same warranty as that of a seller in proportion to each co-owner's interest, with regards to the thing other co-owners have acquired by the partition.

When a partition is completed, each of the persons that participated in the partition must retain the instruments regarding things each of them acquired.

Instruments regarding a thing that is partitioned for some or all co-owners must be retained by the person that acquired the largest portion of that thing.

In the cases referred to in the preceding paragraph, if no person acquired the largest portion, the person that is to retain the instruments is determined by agreement among the persons that participated in the partition. If no agreement is reached, the court designates the same.

A person that is to retain instruments must allow other persons that participated in the partition to use the instruments at the request of the same.

When immovables belong to several co-owners, if a co-owner is unable to ascertain the identity of another co-owner or to ascertain their whereabouts, the court may, at the request of a co-owner, render a judicial decision to allow the co-owner to acquire the ownership share of the co-owner in question (referred to as "co-owner whose whereabouts are unknown" in this Article below). In this case, if there are two or more co-owners who have made the request, they may acquire the ownership share of the co-owner whose whereabouts are unknown in proportion to the ownership shares of property in co-ownership held by each of the co-owners who made the request.

If a request under the provisions of Article 258, paragraph (1) or a request for division of inherited property has been made with regard to immovables related to the ownership share for which a request was filed under the preceding paragraph, and if any co-owner other than the co-owner whose whereabouts are unknown has notified the court which received the request filed under the preceding paragraph to the effect that the co-owner has an objection to the court's rendering a judicial decision under the same paragraph, the court may not render the judicial decision stated in the same paragraph.

If the ownership share of a co-owner whose whereabouts are unknown belongs to inherited property (limited to cases where the inheritance should be divided among coheirs), the court may not render the judicial decision referred to in paragraph (1) if ten years have not yet passed from the time of commencement of the inheritance.

If a co-owner has acquired the ownership share of a co-owner whose whereabouts are unknown pursuant to the provisions of paragraph (1), the co-owner whose whereabouts are unknown is entitled to demand payment of the amount equivalent to the market value of the ownership share acquired from the relevant co-owner.

The provisions of the preceding paragraphs apply mutatis mutandis to cases where a right to use or earn profits from immovables (excluding the right of ownership) belongs to several co-owners.

When immovables belong to several co-owners, if a co-owner is unable to ascertain the identity of another co-owner or to ascertain another co-owner's whereabouts, the court may, at the request of a co-owner, render a judicial decision to the effect that the co-owner is granted the authority to transfer the ownership share of the other co-owner in question (referred to as "co-owner whose whereabouts are unknown" in this Article below) to a specific person on the condition that all of the co-owners other than the co-owner whose whereabouts are unknown transfer all of their ownership shares to the specific person.

If an ownership share of a co-owner whose whereabouts are unknown belongs to inherited property (limited to cases where the inheritance should be divided among joint heirs), the court may not render the judicial decision referred to in the preceding paragraph if ten years have not yet passed from the time of commencement of the inheritance.

If a co-owner has transferred the ownership share of a co-owner whose whereabouts are unknown to a third party based on the authority granted by the judicial decision stated in paragraph (1), the co-owner whose whereabouts are unknown is entitled to demand from the co-owner who made the transfer payment the amount obtained by proportionally dividing the amount equivalent to the market value of the immovables according to the ownership share of the co-owner whose whereabouts are unknown.

The provisions of the preceding three paragraphs apply mutatis mutandis to cases where a right to use or earn profits from immovables (excluding the right of ownership) belongs to several co-owners.

Rights of common that have the nature of co-ownership are governed by local customs and are otherwise subject to the application of the provisions of this Section.

The provisions of this Section (excluding Article 262-2 and Article 262-3) apply mutatis mutandis if two or more persons share property rights other than ownership; provided, however, that this does not apply if otherwise provided by laws and regulations.