Regime of Property Commencement

Absolute Community Article 88 - The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community at any other time shall be void.

Conjugal Property Art. 107 in relation to Art. 88 ommences at the precise moment the marria!e is celebrated. Art. 10$ par. % Applicability of on&u!al 'artnership (ains Art. 10) #nder the re!ime of con&u!al partnership of !ains, the husband and wife place in a common fund the proceeds, products, fruits and income of their separate properties and those ac*uired by either or both spouses throu!h their efforts or by chance. Art. 108 +ules (overnin! the on&u!al 'artnership of (ains

Included Properties

Article "1 - #nless otherwise provided in this hapter or in the marria!e settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter . Article "$ - Any winnin!s therefrom shall form part of the community property

Art. 117 The followin! are con&u!al partnership properties, -a.those ac*uired by onerous title durin! the marria!e at the expense of the common fund/ -b. those obtained from the labor, industry, wor0 or profession of either or both of the spouses/ -c. the fruits, natural, industrial or civil due or received durin! the marria!e from the common property and the net fruits from the exclusive property of each spouse/ -d. the share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the property is found/ -e. those ac*uired throu!h occupation such as fishin! or huntin!/ -f. livestoc0 existin! upon the dissolution of the partnership in excess of the number of each 0ind brou!ht to the marria!e by either spouse/ and -!. those which are ac*uired by chance such as winnin!s from !amblin! or bettin!. Art. 118 'roperty bou!ht on installments paid partly from exclusive funds of either or both spouses and partly from con&u!al funds belon!s to the buyer or buyers if full ownership was vested before the marria!e and to the con&u!al partnership if such ownership was vested durin! the marria!e. Art. 11" 1nterests fallin! due durin! the marria!e on the principal shall belon! to the con&u!al partnership. Art. 1%0 The entire property of one of the spouses shall belon! to the con&u!al partnership when the cost of the improvement made in the con&u!al partnership and any resultin! increase in value are more than the value of the property at the time of the improvement -sub&ect to reimbursement./ otherwise, the property shall be retained in the ownership by the owner-spouse, li0ewise sub&ect to reimbursement. Art. 10" The followin! shall be the exclusive property of each

Excluded

Article "% - The followin! shall be excluded from the community

Properties

property,-1. 'roperty ac*uired durin! the marria!e by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator, or !rantor that they shall form part of the community property-%. 'roperty for personal and exclusi e use of either spouse. 2owever, &ewelry shall for part of the community property.-3. 'roperty ac*uired before the marria!e by either spouse who has legitimate descendants by a former marria!e, and the fruits as well as the income, if any, of such property. Article "$ - 4hatever may be lose durin! the marria!e in any !ame of chance, bettin! sweepsta0es, or any other 0ind of !amblin!, whether permitted or prohibited by law, shall be bone by the loser and shall not be char!ed to the community

spouse, that which is brou!ht to the marria!e as his or her own property/ property each ac*uires durin! the marria!e by !ratuitous title/ that which is ac*uired by ri!ht or redemption, by barter or by exchan!e with property belon!in! to only one of the spouses/ and that which is purchased with the exclusive money of wife or husband Art. 113 'roperty donated or left by will to the spouses, shall pertain to the donee-spouse as his or her own exclusive property.

Presumption

Article "3 - 'roperty acquired during the marriage is presumed to belon! to the community unless it is proved that it is one of those excluded therefrom. Article 85 - 1f the future spouses a!ree upon a re!ime other than the absolute community of property, they cannot donate to each other in their marria!e settlements more than 16$ of their present property. Any excess shall be considered void.

Art. 11) All property ac*uired durin! the marria!e is presumed to be con&u!al -whether the ac*uisition appears to have been made, contracted or re!istered in the name of one or both spouses., unless the contrary is proved.

!uppletory "aw

7onations of future property shall be !overned by the pro isions on the testamentary succession and the formalities of wills# Article "0 - The provisions on co$ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this hapter.

hapter 5 8amily ode on&u!al 'artnership of (ains Art. 1%1 ode on 9upport Art. 13% +ules of ourt :ther 8amily ode and ivil ode 'rovisions

Charges upon%&bligation

ivil ode provisions Article "5 - The absolute community of property shall be liable for,-1. The support of the spouses, their common children, and legitimate children of either spouse/ however, the support of ille!itimate children shall be !overned by the provisions of this ode on 9upport-%. All debts and obligations contracted durin! the marria!e by the designated administrator$spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other/-3. 'ebts and obligations contracted by either spouse without the consent of the other to the extent that the family may ha e been benefited.-5. All taxes, liens, charges, and expenses, including major or minor repairs, upon the community property-$. All taxes and expenses for mere preser ation made durin! marria!e upon the separate property of either spouse used by the family-). ;xpenses to enable either spouse to commence or complete a professional or ocational

Art. 1%1 #nder Article 1%1, the con&u!al partnership shall be liable for -a. the support of the spouse, their common children and the le!itimate children of either spouse/ -b. all debts and obli!ations contracted durin! the marria!e by the desi!nated administrator spouse for the benefit of the con&u!al partnership of !ains, or by both spouses or by one of them with the consent of the other/ -c. debts and obli!ations contracted by either spouse without the consent of the other to the extent that the family benefited/ -d. all taxes, liens, char!es and expenses includin! ma&or or minor repairs upon the con&u!al partnership property/ -e. all taxes and expenses for the mere preservation made durin! the marria!e upon the separate property of either spouse/ -f. expenses to enable their spouse to commence or complete a professional, vocational or other activity for self-improvement/ -!. expenses of liti!ation between the spouses unless the suit is found to be !roundless.

course, or other acti ity for self$impro ement# -7. Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family.-8. The value of what is donated or promised by both spouses in fa or of their common legitimate children for the exclusive purpose of commencin! or completin! a professional or vocational course or other activity for selfimprovement-". Antenuptial debts of either spouse other than those falling under paragraph ()* of this Article, the support of ille!itimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a *uasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon li*uidation of the community/ and-10. Expenses of litigation between the spouses unless the suit is found to be !roundless. Article 87 -7. - ;very donation or grant of gratuitous ad antage, direct or indirect, between the spouses durin! the marria!e shall be oid, except moderate gifts which the spouses may !ive each other on the occasion of any family re&oicin!... .. Article ") -:,A < ;. - The administration and en&oyment of the community property shall belong to both spouses jointly. 1n case of disa!reement, the husband+s decision shall prevail, sub&ect to recourse to the court by the wife for a proper remedy , which must be availed of within five years from the date of the contract implementin! such decision.1n the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. ....Article ") -7. - .... 2owever, the transaction shall be construed as a continuin! offer on the part of the consentin! spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse of authori,ation by the court before the offer is withdrawn by either or both offerors. Article "7 -7. - ;ither spouse may dispose by will of his or her interest in the community property. Article "8 - -either spouse may donate any community property without the consent of the other. 2owever, either spouse may, without the consent of the other, ma0e moderate donations from the community property for charity or on occasions of family re&oicin! or family distress. Article "" - The absolute community terminates, -1. #pon the death of either spouse

&wnership, Administration, Enjoyment, 'isposition

Art. 1%5 Administration and en&oyment belon! to both spouses &ointly. 1n case of disa!reement, the husband=s decision shall prevail, sub&ect to recourse to the court by the wife for proper remedy. Art. 1%$ >either spouse may donate any con&u!al partnership of !ains without the consent of the other. 2owever, either spouse may donate, without the consent of the other, ma0e moderate donations from the con&ural partnership property for charity or occasions of family re&oicin! or distress.

'issolution

Art. 1%) The con&u!al partnership terminates upon the death of either spouse, when there is a decree of le!al separation, when the

marria!e is annuled and declared void and throu!h a &udicial separation of property. -%. 4hen there is decree of legal separation -3. 4hen the marria!e is annulled or declared oid/ or -5. 1n case of judicial separation of property durin! the marria!e under Articles 135 to 138. Art. 1%7 The separation of fact shall not affect the re!ime of con&u!al partnership. Art. 1%8 1f a spouse without &ust cause abandons the other or fails to comply with his obli!ations to the family, the a!!rieved spouse may petition the court for receivership, &udicial separation of property or for authority to be the sole administrator of the con&u!al partnership property.

"iquidation

Article 10% - #pon dissolution of the absolute community re!ime, the followin! procedure shall apply,-1. An in entory shall be prepared, listin! separately all the properties of the absolute community and the exclusi e properties of each spouse.-%. The debts and obligations of the absolute community shall be paid out of its assets. 1n case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second para!raph of Article "5.-3. 4hatever remains of the exclusi e properties of the spouses shall thereafter be delivered to each of them.-5. The n et remainder of the properties of the absolute community shall constitute its net assets, which shall be divided e*ually between husband and wife, unless a different proportion or division was a!reed upon in the marria!e settlements, or unless there has been a voluntary waiver of such share as provided in this ode. ... -$. The presumpti e legitimes of the common children shall be delivered upon partition, in accordance with Article $1.-). #nless otherwise a!reed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. ... 1n case there is no such ma&ority, the court shall decide, ta0in! into consideration the best interests of said children.

Art. 1%" -1. inventory, -%. payment of advanced amounts for personal debts and obli!ations -3. reimbursement for the use of exclusive funds, -5. payment of debts and obli!ations of '( -$. delivery of remains of exclusive properties, -).payment of loss or deterioration of movables -7.net remainder to be divided e*ually, unless there is separate stipulation -8. delivery of presumptive le!itimes and, -". partition of con&u!al dwellin! and lot

Regime of Property

Complete !eparation of Properties

.nion without /arriage

Article 153. 9hould the future spouses a!ree in the marria!e settlements that their property relations durin! marria!e shall be !overned by the re!ime of separation of property, the provisions of this hapter shall be suppletory. Article 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. Commencement Article 103 < Article 130. #pon the termination of the marria!e by death, the community property -for Art. 130, con&u!al partnership property. shall be li*uidated in the same proceedin! for the settlement of the estate of the deceased. 9hould the survivin! spouse contract a subse*uent marria!e without compliance with the fore!oin! re*uirements, a mandatory regime of complete separation of property shall !overn the property relations of the subse*uent marria!e. Article 155. 9eparation of property may refer to present or future property or both. 1t may be total or partial. Article "%. The followin! shall be excluded from the community property, 1. 'roperty ac*uired durin! the marria!e by !ratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor,

Article 01) Art# 011 (CI3I" C&'E 4 repealed by Art# 01) of the 5amily Code*# 67E- A /AA-' A 6&/A- "I3E 8&9E87ER A! 7.!:A-' A-' 6I5E, but they are not married, or their marria!e is void from the be!innin!, the property ac*uired by either or both of them throu!h their wor0 or industry or their wa!es and salaries shall be !overned by the rules on co-ownership. Art# 01) (5A/I"; C&'E*# 67E- A /AA-' A 6&/A- who are capacitated to marry each other, "I3E E<C".!I3E"; 6I87 EAC7 &87ER A! 7.!:A-' A-' 6I5E without the benefit of marria!e or under a void marria!e The 9upreme ourt held in 3aldes s# Regional 8rial Court, :r# 0=>, ?ue,on City (9#R# -o# 0>>)1@ Auly B0, 0@@C* The term ?capacitated@ in the provision -in the first para!raph of the law. refers to the le!al capacity of a party to contract marria!e, i.e., any ?male or female of the a!e of ei!hteen years or upwards not under any of the impediments mentioned in Article 37 and 38@ of the ode. Art# 01). Their 6A9E! A-' !A"ARIE! shall be owned by them in e*ual shares and the 'R&PER8; AC?.IRE' :; :&87 &5 87E/ 87R&.97 87EIR 6&RD &R I-'.!8R; shall be !overned by the rules on co-ownership. 1n the absence of proof to the contrary, properties ac*uired while they lived to!ether shall be presumed to have been obtained by their &oint efforts, wor0 or

Article 012

Art# 012# I- CA!E! &5 C&7A:I8A8I&-&8 5A""I-9 .-'ER 87E PRECE'I-9 AR8IC"E, only the properties ac*uired by both of the parties throu!h their actual &oint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. 1n the absence of proof to the contrary, their contributions and correspondin! shares are presumed to be e*ual. The same rule and presumption shall apply to &oint deposits of money and evidences of credit.

Included Properties

Art# 012 (0*. 1n cases of cohabitation not fallin! under the precedin! Article, only the PR&PER8IE! AC?.IRE' :; :&87 PAR8IE! 87R&.97 87EIR AC8.A" A&I-8 C&-8RI:.8I&- &5 /&-E;, PR&PER8; &R I-'.!8R; shall be owned by them in common in proportion to their respective contributions.

testator or !rantor that they shall form part of the community property/ %. 'roperty for personal and exclusive use of either spouse/ however, &ewelry shall form part of the community property/ 3. 'roperty ac*uired before the marria!e by either spouse who has le!itimate descendants by a former marria!e, and the fruits as well as the income, if any, of such property. Article 10". The followin! shall be the exclusive property of each spouse, 1. That which is brou!ht to the marria!e as his or her own/ %. That which each ac*uires durin! the marria!e by !ratuitous title/ 3. That which is ac*uired by ri!ht of redemption, by barter or by exchan!e with property belon!in! to only one of the spouses/ and 5. That which is purchased with exclusive money of the wife or the husband.

industry, and shall be owned by them in e*ual shares. 8or purposes of this Article, a party who did not participate in the ac*uisition by the other party of any property shall be deemed to have contributed &ointly in the ac*uisition thereof if the former=s efforts consisted in the care and maintenance of the family and of the household. The 9upreme ourt held in 3aldes s# Regional 8rial Court, :r# 0=> #nder this property re!ime, property ac*uired by both spouses throu!h their wor0 and industry shall be !overned by the rules on e*ual coownership. Any property ac*uired durin! the union is prima facie presumed to have been obtained throu!h their &oint efforts. A party who did not participate in the ac*uisition of the property shall still be considered as havin! contributed thereto &ointly if said partyAs ?efforts consisted in the care and maintenance of the family household.@ Art# 00=. The spouses retain the ownership, possession, administration and en&oyment of their E<C".!I3E PR&PER8IE!. The 9upreme ourt held in 3aldes s# Regional 8rial Court, :r# 0=> B#nder this property re!imeC, unli0e the con&u!al partnership of !ains, the fruits of the couple=s separate property are not included in the co-ownership.'roperties not covered in Article 157 are those properties that are '&-A8E', I-7ERI8E', or P.RC7A!E' by one spouse usin! his or her own funds. Art# 011. 1n case of partial separation, the property not a!reed upon as separate shall pertain to the absolute community. Art# 01). 1n the absence of proof to the contrary, properties ac*uired while they lived to!ether shall be presumed to have been obtained by their &oint efforts, wor0 or

Excluded Properties

Article 155. xxx 1n the latter case, the property not agreed upon as separate shall pertain to the absolute community#

Art# 012 (>*. 1f one of the parties is 3A"I'"; /ARRIE' 8& A-&87ER, his !7ARE I87E C&$&6-ER!7IP shall accrue to the absolute community6con&u!al partnership existin! in such valid marria!e. Art# 00=. The spouses retain the ownership, possession, administration and en&oyment of their E<C".!I3E PR&PER8IE!#

Presumption

Article 155. 1n case of partial separation, the property not agreed upon as separate pertain to the absolute community#

Art# 012 (>* 1n the absence of proof to the contrary, their contributions and correspondin! shares are presumed to be e*ual. The same rule and presumption shall apply to &oint deposits of money and evidences of credit.

!uppletory "aw

Article 153. 9hould the future spouses a!ree in the marria!e settlements that their property relations durin! marria!e shall be !overned by the re!ime of separation of property, the pro isions of this Chapter shall be suppletory# 8amily ode 'rovisions

industry, and shall be owned by them in e*ual shares. 8or purposes of this Article, a party who did not participate in the ac*uisition by the other party of any property shall be deemed to have contributed &ointly in the ac*uisition thereof if the former=s efforts consisted in the care and maintenance of the family and of the household. Art# B1. >o license shall be necessary for the marria!e of a man and a woman who have lived to!ether as husband and wife for at least five years and without any le!al impediment to marry each other. The contractin! parties shall state the fore!oin! facts in an affidavit before any person authoriDed by law to administer oaths. The solemniDin! officer shall also state under oath that he ascertained the *ualifications of the contractin! parties are found no le!al impediment to the marria!e. -7)a.

Art# BE. The followin! marria!es shall be void from the be!innin!, -1. Those contracted by any party below ei!hteen years of a!e even with the consent of parents or !uardians/ -%. Those solemniDed by any person not le!ally authoriDed to perform marria!es unless such marria!es were contracted with either or both parties believin! in !ood faith that the solemniDin! officer had the le!al authority to do so/ -3. Those solemniDed without license, except those covered the precedin! hapter/ -5. Those bi!amous or poly!amous marria!es not failin! under Article 51/ -$. Those contracted throu!h mista0e of one contractin! party as to the identity of the other/ and -). Those subse*uent marria!es that are void under Article $3. Art# B). Earria!es between the followin! are incestuous and void from the be!innin!, whether relationship between the parties be le!itimate or ille!itimate, -1. Fetween ascendants and descendants of any de!ree/ and -%. Fetween brothers and sisters, whether of the full or half blood. Art# B2. The followin! marria!es shall be void from the be!innin! for reasons of public policy, -1. Fetween collateral blood relatives whether le!itimate or ille!itimate, up to the fourth civil de!ree/ -%. Fetween step-parents and step-children/

-3. Fetween parents-in-law and children-inlaw/ -5. Fetween the adoptin! parent and the adopted child/ -$. Fetween the survivin! spouse of the adoptin! parent and the adopted child/ -). Fetween the survivin! spouse of the adopted child and the adopter/ -7. Fetween an adopted child and a le!itimate child of the adopter/ -8. Fetween adopted children of the same adopter/ and -". Fetween parties where one, with the intention to marry the other, 0illed that other person=s spouse, or his or her own spouse. Article 15). Foth spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current mar0et value of their separate properties.The liability of the spouses to creditors for family expenses shall however, be solidary. Charges upon%&bligation Article "5. 1f the community property is insufficient to cover the fore!oin! liabilities, except those fallin! under para!raph ", the spouses shall be solidary liable for the unpaid balance with their separate properties. Article 1%1. 1f the community property is insufficient to cover the fore!oin! liabilities, the spouses shall be solidary liable for the unpaid balance with their separate properties. Article 15$. ;ach spouse shall own, dispose of, possess, administer and en&oy his or her own separate estate, without the consent of the other. 8o each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or ci il, due or recei ed during the marriage from his or her separate property#

Art# 122# (Ci il Code 4 Co$ownership*, ;ach co-owner shall have a ri!ht to compel the other co-owners to contribute to the expenses of preservation of the thin! or ri!ht owned in common and to the taxes. Any one of the latter may exempt himself from this obli!ation by renouncin! so much of his undivided interest as may be e*uivalent to his share of the expenses and taxes. >o such waiver shall be made if it is pre&udicial to the co-ownership. Art# 12@# (Ci il Code 4 Co$ownership*, +epairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. ;xpenses to improve or embellish the thin! shall be decided upon by a ma&ority as determined in Article 5"%.

&wnership, Administration, Enjoyment, 'isposition

Art# 01) >either party can encumber or dispose by acts inter vivos of his or her share in the property ac*uired durin! cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation. Art# 01E. ;ach spouse shall own, dispose of, possess, administer and en&oy his or her own separate estate, without need of the consent of the other. To each spouse

Art# 01E. ;ach spouse shall own, dispose of, possess, administer and en&oy his or her own separate estate, without need of the consent of the other. To each spouse shall belon! all earnin!s from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received durin! the marria!e from his or her separate property. Art# 1@B (Ci il Code 4 Co$ownership*, ;ach co-owner shall have the full ownership of his

shall belon! all earnin!s from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received durin! the marria!e from his or her separate property. Art# 1@B (Ci il Code 4 Co$ownership*, ;ach co-owner shall have the full ownership of his part and of the fruits and benefits pertainin! thereto, and he may therefore alienate, assi!n or mort!a!e it, and even substitute another person in its en&oyment, except when personal ri!hts are involved. Fut the effect of the alienation or the mort!a!e, with respect to the coowners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. Art# 12C# (Ci il Code 4 Co$ownership*, ;ach co-owner may use the thin! owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to in&ure the interest of the co-ownership or prevent the other co-owners from usin! it accordin! to their ri!hts. Art# 1@1# (Ci il Code 4 Co$ownership*, >o co-owner shall be obli!ed to remain in the co-ownership. ;ach co-owner may demand at any time the partition of the thin! owned in common, insofar as his share is concerned. 'issolution Art# 01) >either party can encumber or dispose by acts inter vivos of his or her share in the property ac*uired durin! cohabitation and owned in common, without the consent of the other, .-8I" A58ER 87E 8ER/I-A8I&- &5 87EIR C&7A:I8A8I&-. Art# 01) (1*. 4hen only one of the parties to a void marria!e is in !ood faith, the share of the party in bad faith in the coownership shall be forfeited in favor of their

part and of the fruits and benefits pertainin! thereto, and he may therefore alienate, assi!n or mort!a!e it, and even substitute another person in its en&oyment, except when personal ri!hts are involved. Fut the effect of the alienation or the mort!a!e, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the termination of the co-ownership. Art# 12C (Ci il Code 4 Co$ownership*, ;ach co-owner may use the thin! owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to in&ure the interest of the co-ownership or prevent the other co-owners from usin! it accordin! to their ri!hts. The 9upreme ourt held in :uena entura s# CA (9#R# -o# 0>)BE2# /arch B0, >==E* The rules set up to !overn the li*uidation of either the absolute community or the con&u!al partnership of !ains, the property re!imes reco!niDed for valid and voidable marria!es -in the latter case until the contract is annulled., are irrelevant to the li*uidation of the co-ownership that exists between common-law spouses. Art# 1@1# >o co-owner shall be obli!ed to remain in the co-ownership. ;ach co-owner may demand at any time the partition of the thin! owned in common, insofar as his share is concerned. Art# 01) >either party can encumber or dispose by acts inter vivos of his or her share in the property ac*uired durin! cohabitation and owned in common, without the consent of the other, .-8I" A58ER 87E 8ER/I-A8I&&5 87EIR C&7A:I8A8I&-# Art 012. 1f one of the parties is validly married to another, his or her share in the coownership shall accrue to the absolute community or con&u!al partnership existin! in

"iquidation

common children. 1n case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belon! to the respective survivin! descendants. 1n the absence of descendants, such share shall belon! to the innocent party. 1n all cases, the forfeiture shall ta0e place upon termination of the cohabitation.
Art# 1@C# (Ci il Code 4 Co$ownership*, 'artition may be made by a!reement between the parties or by &udicial proceedin!s. 'artition shall be !overned by the +ules of ourt insofar as they are consistent with this ode. Art# 1@)# (Ci il Code 4 Co$ownership*, The creditors or assi!nees of the co-owners may ta0e part in the division of the thin! owned in common and ob&ect to its bein! effected without their concurrence. Fut they cannot impu!n any partition already executed, unless there has been fraud, or in case it was made notwithstandin! a formal opposition presented to prevent it, without pre&udice to the ri!ht of the debtor or assi!nor to maintain its validity. Art# 1@2# (Ci il Code 4 Co$ownership*, 4henever the thin! is essentially indivisible and the co-owners cannot a!ree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. Art# 1@@# (Ci il Code 4 Co$ownership*, The partition of a thin! owned in common shall not pre&udice third persons, who shall retain the ri!hts of mort!a!e, servitude or any other real ri!hts belon!in! to them before the division was made. 'ersonal ri!hts pertainin! to third persons a!ainst the co-ownership shall also remain in force, notwithstandin! the partition. Art# E==# (Ci il Code 4 Co$ownership*, #pon partition, there shall be a mutual accountin! for benefits received and reimbursements for expenses made. Gi0ewise, each co-owner shall pay for dama!es caused by reason of his ne!li!ence or fraud. Art# E=0# (Ci il Code 4 Co$ownership*, ;very co-owner shall, after partition, be liable for

such valid marria!e. 1f the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last para!raph of the precedin! Article -Art. 157 -5... Art# 1@C, 1@), 1@2, 1@@, E== and E=0 (Ci il Code*#

defects of title and *uality of the portion assi!ned to each of the other co-owners.