It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.
Article 1320 active cc book
Ownership as basis for action of partition. ACTIVE
Actions
References
None.
Cited by
None.
History
No legislative history recorded.