Commencement of property regime

88

Waiver

89

Applicable provisions

90

What constitutes the property regime

91

Properties excluded in ACP/CPG

92

Presumption of conjugality/community Liability

93 94

Winnings and loses in games of chance

95

Administration Disposition by will Donation of property to charity or on occasions of family rejoicing or distress Dissolution

96 97

98 99

Effects of separation-in-fact

100

Abandonment Liquidation of the ACP/CPG

101 102

Termination of ACP/CPG by death

103

Simultaneous liquidation

104

ACP commence at the precise moment that the marriage is celebrated; any other stipulation, express or implied, for the commencement shall be void

105

no waiver of rights, shares, and effects can be made except in judicial separation provisions on co-ownership shall apply in all matters not provided in this Chapter

107

108

shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter

106 117

following shall be the EXCLUSIVE PROPERTY of each spouse: property acquired by gratuitious title property for personal and exclusive use except jewelry acquired before marriage by either spouse who has legitimate descendants by a foremer marriage

109

property acquired during marriage presumed community property unless proven otherwise ACP shall be liable for: support of spouses, their common children, and legit children all debts and obligations contracted during the marriage by the adminspouse FOR THE BENEFIT OF THE COMMUNITY, or by both spouses, or by one spouse with the consent of the other

116 121

debts and obligations without consent BUT THE COMMUNITY BENEFITED all taxes, liens, charges and expenses, including major and minor repairs, upon the community property all taxes and expenses for mere preservation made upon SEPARATE PROPERTY of either spouse USED BY THE FAMILY during the marriage expenses to enable either spouse to commence or complete a professional or a vocational course, or other activity for self improvement ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family the value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for selfimprovement ante-nuptial debts of either spouse other than those falling under par 7, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse which shall be considered as advances upon liquidation expenses of litigation between spouses if ACP insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable loses in game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and SHALL NOT BE CHARGED TO THE ACP BUT ANY WINNINGS SHALL FORM PART OF THE ACP

123

administration, enjoyment shall belong to both spouses jointly; in disagreement, husband's decision shall prevail subject to court decision in case the wife is aggrieved (remedy to prescribe in 5 years); in case of incapacity, other spouse may assume sole powers of administration upon court authority or written consent of the incapacitated spouse; absent such authority, any disposition or encumbrance is VOID; but shall be considered a continuing offer, perfected as binding upon acceptance of other spouse or court authorization before offer is withdrawn by offerors either spouse may dispose BY WILL of his or her interest in the ACP neither spouse may donate any community property without the consent of the other; save moderate donations for charity or on occasions of family rejoicing or family distress ACP terminates when: death legal separation

124

125 126

annulment or declared void judicial separation of property during the marriage separation in fact shall not affect the ACP, except: spouse who leaves the conjugal home WITHOUT JUST CAUSE shall ont have the right to be supported when consent of one spouse is witheld re: transaction involving community property, other spouse may obtain judicial authorization if ACP insufficient, the separate property of both spouses shall be solidarily liable for the SUPPORT of the family; spouse present may be given judicial authority to encumber/administer specific property of the other and use the fruite or proceeds to satisfy the latter's share if other spouse abandons the other or fails to comply with his/her obligations to the family, aggrieved spouse may petition for receivership, for judicial separation of property or for authority to be the sole administrator of the ACP; obligations refer to marital, parental, property relations; abandonment is when other spouse left CJ without the intention of returning, for a period of 3 months or has failed within same period to give any information as to his or her whereabouts (prima facie presumption) inventory, listing separately all the properties of ACP and separate properties

127

128 129

debts and obligations of ACP paid out, if insufficient, separate properties solidarily liable whatever remains of the exclusive properties shall be delivered to the spouses

net remainder of properties of the ACP shall constitute its net assets, which shall be divided between husband and wife; save in cases where a different division has been agreed upon in marriage settlement or there has been a waiver; current market value used presumptive legitimes delivered to common children upon partition conjugal dwelling and lot adjudicated to spouse to whom the majority of common children choose to remain

termination of marriage by death, ACP shall be liquidated in the same proceeding for the settlement of the estate of the deceased; if no judicial settlement proceeding, surviving spouse shall liquidate judicially or extrajudicially within six months, otherwise any encumbrance or disposition shall be void; complete separation for the subsequent marriage if he/she did not comply with the requirements 2 liquidations of 2 marriages simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence; in case of doubt, same shall be divided between the different communities in proportion to the capital and duration of each

130

131

132

133

CPG commence at the precise moment that the marriage is celebrated; any other stipulation, express or implied, for the commencement shall be void provisions shall also apply to CPGs established prior to family code, without prejudice to vested rights rules in 88 and 89 shall apply to CPG as well rules on contract of partnership shall apply in all matters that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements the husband and wife place in common fund the proceeds, products, fruits, and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in marriage settlements the following are conjugal partnership properties: those acquired by onerous title during marriage at the expense of the common fund, whether the acquisition to be for the partnership or for only one of th spouses Those obtained from labor, industry, work or profession of either or both spouse net fruits of separate property Fruits of conjugal property due or received during the marriage and Share in the hidden treasure Those acquired through occupation Livestock existing upon the dissolution of the partnership in excess of what was brought to the marriage Those acquired by chance following shall be the EXCLUSIVE PROPERTY of each spouse: that which is brought to the marriage as his or her own that which each spouse acquires during the marriage by GRATUITOUS title that which is acquired by right of redemption, by barter of by exchange with property belonging to only one of the spouses that which is purchased with exclusive money of the wife or the husband all property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless proven otherwise CPG shall be liable for support of spouses, their common children, and legit children all debts and obligations contracted during the marriage by the adminspouse FOR THE BENEFIT OF THE CONJUGAL PARTNERSHIP, or by both spouses, or by one spouse with the consent of the other

debts and obligations without consent BUT THE FAMILY BENEFITED all taxes, liens, charges and expenses, including major and minor repairs, upon the conjugal partnership property all taxes and expenses for mere preservation made upon SEPARATE PROPERTY of either spouse expenses to enable either spouse to commence or complete a professional or a vocational course, or other activity for self improvement ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family the value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for selfimprovement

expenses of litigation between spouses if CPG insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable loses in game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and SHALL NOT BE CHARGED TO THE ACP BUT ANY WINNINGS SHALL FORM PART OF THE CPG

administration, enjoyment shall belong to both spouses jointly; in disagreement, husband's decision shall prevail subject to court decision in case the wife is aggrieved (remedy to prescribe in 5 years); in case of incapacity, other spouse may assume sole powers of administration upon court authority or written consent of the incapacitated spouse; absent such authority, any disposition or encumbrance is VOID; but shall be considered a continuing offer, perfected as binding upon acceptance of other spouse or court authorization before offer is withdrawn by offerors

neither spouse may donate any conjugal partnership property without the consent of the other; save moderate donations for charity or on occasions of family rejoicing or family distress CPG terminates when: death legal separation

annulment or declared void judicial separation of property during the marriage (refer to 134 to 138 for procedure) separation in fact shall not affect the CPG, except: spouse who leaves the conjugal home WITHOUT JUST CAUSE shall ont have the right to be supported when consent of one spouse is witheld re: transaction involving community property, other spouse may obtain judicial authorization if CPG insufficient, the separate property of both spouses shall be solidarily liable for the SUPPORT of the family; spouse present may be given judicial authority to encumber/administer specific property of the other and use the fruite or proceeds to satisfy the latter's share if other spouse abandons the other or fails to comply with his/her obligations to the family, aggrieved spouse may petition for receivership, for judicial separation of property or for authority to be the sole administrator of the ACP; obligations refer to marital, parental, property relations; abandonment is when other spouse left CJ without the intention of returning, for a period of 3 months or has failed within same period to give any information as to his or her whereabouts (prima facie presumption)

amounts advanced by the CPG in payment of personal debts and obligations of either spouse shall be credited to the CPG as an asset thereof each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exlcusive propertyturned property of the CPG debts and obligations of CPG paid out, if insufficient, separate properties solidarily liable whatever remains of the exclusive properties shall be delivered to the spouses loss or deterioration of exclusive movables used for the benefit of the family shall be paid to spouse

net remainder of CPG properties shall constitute the profits, to be divided equally by the spouses, save in cases agreed upon by both in marriage settlement presumptive legitimes delivered to common children upon partition conjugal dwelling and lot adjudicated to spouse to whom the majority of common children choose to remain

termination of marriage by death, CPG shall be liquidated in the same proceeding for the settlement of the estate of the deceased; if no judicial settlement proceeding, surviving spouse shall liquidate judicially or extrajudicially within six months, otherwise any encumbrance or disposition shall be void; complete separation for the subsequent marriage if he/she did not comply with the requirements 2 liquidations of 2 marriages simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence; in case of doubt, same shall be divided between the different communities in proportion to the capital and duration of each Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the CPG and other matters not expressed in this Chapter from the common mass of property support shall be given to the surviving spouse and to the children DURING THE LIQUIDATION of the inventoried property and until what belongs to them is delivered, but it shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them

the spouses retain ownership, possession, administration and enjoyment of their exclusive properties; either spouse may transfer the administration of his or her 110 exclusive property to the other by means of public instrument spouse of age may mortgage, encumber , alienate or otherwise dispose of his or her exclusive property, without th consent of the other spouse and appear alone in court 111 to litigate alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of 112 the alienation shall be turned over to the owner-spouse property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own EXCLUSIVE PROPERTY, and in the absence of designation, share and share alike without prejudice 113 to the the right of accretion when proper if the donations are onerous, the amount of charges shall be borne by the exclusive 114 property of the donee-spouse, WHENEVER THEY HAVE BEEN ADVANCED TO THE CPG retirement benefits, pensions, gratuitites, usufructs and similar benefits shall be governed by the rules on gratuitious or onerous acquisitions as may be proper in each 115 case property bought in installments paid partly from the exclusive funds of either or both spouses and partly by the CPG: ownership is determined by the time WHEN THE TITLE IS VESTED; purchaser-spouse subject to reimbursement if title is vested after the 118 marriage 119 credit payable (principal): exclusive property; interest: CPG costs of improvements of separate property borne by CPG: if value increases, it shall be part of CPG (owner-spouse to be reimbursed); if value is maintained, remains the 120 exclusive property (spouse to reimburse the CPG)

payment of personal debts incurred BEFORE or DURING the marriage, the fines and pecuniary indemnities imposed therein, shall NOT be charged to the CPG except if it redounded to the benefit of the family; in case the debtor-spouse has no exclusive property or the same is insufficientl, the CPG shall pay but the debtor-spouse shall be 122 charged for what has been paid