Complaint For Partition and Accounting

Republic of the Philippines
[REGION]
[COURT]
[BRANCH] ______, [CITY] ___________
[NAME]__________,
Plaintiff,
SCA No. ___________
- versus - COMPLAINT FOR PARTITION
[NAME]__________,
Defendants.
(Note: name all parties interested in the subject property)

x ----------------------------------- x
COMPLAINT FOR PARTITION AND ACCOUNTING
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff and defendants are all of legal age; Plaintiff resides at [ADDRESS]
____________________________ while Defendants reside at [ADDRESS]
_______________ and [ADDRESS] _______________, respectively, where
they may be served with pertinent notices.
2. Plaintiff and Defendants are co-owners of an undivided a parcel of land

("Real Property") covered by Transfer Certificate of Tile (TCT) Number
___________ duly registered in the Register of Deeds of _________ and
more particularly described as follows:
[insert TCT description]
3. So far as is known to Plaintiff, [Indicate and specify the proportionate

amount of interest, (e.g., an undivided one-third interest) of each of the
parties in the subject property. Attach supporting documents as Annex to be
made part of the complaint]
4. [State if the property is free or encumbered.]
The Real Property is not subject to any liens or encumbrances whatsoever

appearing on the title or otherwise known to Plaintiff
Or
The liens and encumbrances on the property appearing of record or

otherwise known to Plaintiff and which Plaintiff reasonably believes will be
materially affected by this action are as follows: [set out liens or
encumbrances including those belonging to plaintiff, showing names, nature
of interest, and amounts remaining due].
5. [State if Plaintiff desires to partition the property by division of title or by
sale or otherwise and state the reasons therefore.]
- If by mutual agreement of the parties, attach copy of agreement

- If partition by sale, possible reasons could be that some parties are
already living abroad and cannot participate in the administration of
property, or property is such that it cannot be physically divided, etc.
- If partition by division of title, possible reasons could be that each one
party wants to build a house on a portion of the property and the
partition would delineate his or her respective portion
WHEREFORE, it is respectfully prayed that this Honorable Court issue an order
1. Directing the partition (by sale or otherwise) of the Real Property
2. If by sale, directing the parties or their chosen representative to divide the

proceeds after an accounting of costs, expenses, and income incurred by or
received by each party of interest.
3. Directing the Defendants and their respective successors in interest to

reimburse pro rata Plaintiff for expenses reasonably incurred in maintaining
and preserving the Real Property, with interest at the rate of _____ % per
annum from the date of the order, and for their respective pro rata shares in
the costs to serve as lien on the respective interests in the Real Property or
sale proceeds.
4. Directing the Defendants and their respective successors in interest to

reimburse pro rata Plaintiff for expenses reasonably incurred by Plaintiff in
filing this action, including attorney’s fees, and other costs necessary for the
partition, as determined by the Court, and for their respective pro rata shares
in the costs to serve as lien on the respective interests in the Real Property or
sale proceeds.
5. Prohibiting any Party from using, possessing, leasing, renting or selling any
interest in the subject Real Property without first obtaining either written
consent from all the other parties, or a court order.
[CITY] ___________; [DATE] _________________________.
[SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Plaintiff
[ADDRESS] ______________
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, [NAME] _____________________, of legal age, do hereby state that: I am

the plaintiff in the pleading/document entitled [PLEADING/DOCUMENT BEING
VERIFIED] ___________________ and in such capacity, caused this Complaint to be
prepared; I have read its contents and affirm that they are true and correct to the
best of my own personal knowledge; I hereby certify that there is no other case
commenced or pending before any court involving the same parties and the same
issue and that, should I learn of such a case, I shall notify the court within five (5)
days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on

[DATE]_____________.
[SIGNATURE]
[NAME] _________________
SUBSCRIBED AND SWORN TO before me in the City of _______________ on

this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his
Government Issued ID no. _______________ issued on
[DATE]__________________ at [PLACE OF ISSUANCE]_____________________.
[SIGNATURE]
[NAME]_______
Notary Public
Until
[DATE]__________________
PTR No. [NUMBER] ____________
Issued at
[PLACE]______________
On [DATE]
___________________
Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.

Complaint For Partition and Accounting

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Complaint For Partition and Accounting

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Republic of the Philippines

- versus - COMPLAINT FOR PARTITION

(Note: name all parties interested in the subject property)

COMPLAINT FOR PARTITION AND ACCOUNTING

PLAINTIFF, by counsel, respectfully states that:

2. Plaintiff and Defendants are co-owners of an undivided a parcel of land

[insert TCT description]

3. So far as is known to Plaintiff, [Indicate and specify the proportionate

4. [State if the property is free or encumbered.]

The Real Property is not subject to any liens or encumbrances whatsoever

The liens and encumbrances on the property appearing of record or

- If by mutual agreement of the parties, attach copy of agreement

WHEREFORE, it is respectfully prayed that this Honorable Court issue an order

1. Directing the partition (by sale or otherwise) of the Real Property

2. If by sale, directing the parties or their chosen representative to divide the

3. Directing the Defendants and their respective successors in interest to

4. Directing the Defendants and their respective successors in interest to

[CITY] _; [DATE] _______________.

I, [NAME] _____________________, of legal age, do hereby state that: I am

IN WITNESS WHEREOF, I have signed this instrument on

SUBSCRIBED AND SWORN TO before me in the City of _______________ on

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