Practice question
Co-heirs sign an agreement allocating all estate assets among themselves and ending indivision. They call it an exchange rather than a partition. Under Article 1082, what controls?
- Its purpose of ending indivision makes it a partition despite the label.
- The label conclusively prevents partition consequences.
- It is void merely because the word partition is absent.
- Only a transaction entitled judicial decree can be a partition.
- An exchange can never involve inherited property.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.
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