Civil Code Article 823

This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.

Unless otherwise provided by the statutes, each co-owner is entitled to demand at any time the partition of the thing held in indivision, except in consequence of the purpose of using such thing that makes partition impossible, or a covenant that provides a period of non-partition.The period of non-partition of such covenant as specified in the preceding paragraph shall not exceed five years. Where a period exceeding five years has been agreed upon, it shall be reduced to five years. However, if the covenant of the real property held in indivision has an agreement on the management, the period of non-partition shall not exceed thirty years. Where a period exceeding thirty years has been agreed upon, it shall be reduced to thirty years.In the case of the preceding paragraph, if there is significant cause, each co-owner is still entitled to demand at any time the partition of the thing held in indivision,
中文原文 民法第823條
各共有人,除法令另有規定外,得隨時請求分割共有物。
但因物之使用目的不能分割或契約訂有不分割之期限者,不在此限。
前項約定不分割之期限,不得逾五年;逾五年者,縮短為五年。
但共有之不動產,其契約訂有管理之約定時,約定不分割之期限,不得逾三十年;逾三十年者,縮短為三十年。
前項情形,如有重大事由,共有人仍得隨時請求分割。

English translation for reference only; the Chinese text prevails. Not legal advice.