FACTS:

Brothers Virgilio and Senen bought in co-ownership a house where their father would stay. It was first agreed upon that Virgilio would have 2/3 and Senen 1/3 but in the written agreement, they had a 50-50 share. Upon the death of the father, Virgilio asked Senen to vacate the house and they should sell the same. Senen didn't want to leave. Virgilio filed for
partition.

HELD:

No co-owner shall be obliged to remain in the co-ownership and that each co-owner may demand at any time the partition of the thing owned in common insofar as his share is concerned.