Article 1096

Any co-owner, as well as the holder of a right in rem upon a co-ownership share, may at any time demand partition of co-owned property, unless the nature of the co-ownership or the provisions of the following sub-Articles produce a different result.

Upon the demand of a co-owner, the Court seized of an action for partition may determine that all or certain exigible debts for which the co-ownership is answerable, must be paid before proceeding to the partition.

If the interests of one or more co-owners which are harmed by an immediate partition are considerably greater than the interests served by the partition, the Court seized of an action for partition may, upon the demand of such a co-owner, exclude proceedings, once or repeatedly, for a maximum of three years on each occasion.

If no action for partition has been brought, a decision pursuant to sub-Article (2) and (3) may be rendered at the request of any of the co-owners by the Court which would have jurisdiction in an action for partition.

Those who have the right to demand partition can exclude their power to do so by contract, once or repeatedly, for a maximum of five years on each occasion.