CC 1320 - Ownership as basis for action of partition.
Art. 1320. Ownership as basis for action of partition.
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.