Article 839 of Civil Code

If a co-owner's share was, before partition, encumbered by a right in rem, the partition shall result in that right encumbering the co-owner's allotted portion or a part of that portion equivalent in value to the share that was encumbered by the right. The court shall determine that part in the absence of agreement among the persons Law Index 1053 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil Code concerned.