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    Property-relations

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    9 views1 page

    Property Relations

    Uploaded by

    Kelly Roxas

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Property regimes

    ACP CPG CSP Art. 147 Art. 148


    basis 1. valid M w no MS 1. before FC and no MS 1. valid MS - capacitated to marry each - not capacitated to marry
    2. void MS 2. specified in MS 2. JSP other each other
    3. LS and reconciliation 3. LS - cohabitation w out M or - cohabitation w out M or
    4. Art. 40, 41 if no liquidation under void M (Art. 35(2)(3), under void M (Art.
    36, 44, 53,4 - no ceremony, no 35(1)(4)(5), 37, 38)
    consent)

    suppletory law rules of co-ownership rules of partnership rules of co-ownership rules of co-ownership rules of co-ownership
    presumption property acquired during the property acquired during the no presumption - property acquired during - no presumption of joint
    marriage is ACP marriage is CPG cohabitation were obtained contribution
    by their join efforts, work or - once joint contribution is
    industry shall be owned in established there is
    equal shares presumption of equality of
    - taking care of the household share
    is considered contribution - presumption of equality
    may be overcome by proof to
    the contrary
    excluded properties 1. gratuitous title 1. gratuitous title 1. property acquired everything
    2. properties owned before 2. properties owned before exclusively using separate
    the M if there are legitimate the marriage except fruits funds if w proof
    descendants by a former and interests 2. fruits of separate property
    marriage 3. acquired by redemption or
    3. specified in the MS by trade w separate property
    4. properties exclusively for 4. purchased using separate
    personal use except jewelry funds
    unless converted or traded
    charges against 1. taxes and expenses for the 1. taxes and expenses for the family expenses are borne by
    community property separate property of the separate property both spouses in proportion to:
    spouses only if it redounds to 2. advances only after all - respective income
    the benefit of the family obligations are paid - current market value of
    2. advances made by the ACP separate property
    (support of illegitimate
    children, liabilities incurred
    by a crime of quasi-delict, not
    redounding to the benefit of
    the family)
    liquidation when a net profits forfeited to net profits forfeited to share forfeited to - if one spouse is validly
    spouse acted in bad 1. common children 1. common children 1. common children married to another, share
    faith 2. children of guilty spouse 2. children of guilty spouse 2. descendants goes to the valid M
    3. innocent spouse 3. innocent spouse 3. innocent spouse - if both in bad faith, share
    forfeited to
    if no separate property, share 1. common children
    in property (net assets) is 2. descendants
    forfeited 3. innocent spouse (not
    married)

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