DISSOLUTION OF ABSOLUTE COMMUNITY REGIME

Grounds for Termination or Dissolution of the Absolute Community Regime:

 Death of either spouse

 Legal separation
 Annulment and declaration of nullity of marriage
 Judicial separation of property during the marriage
SEPARATION IN FACT or SEPARATION DE FACTO
The termination of the cohabitation or common life of the spouses under the same roof
The spouses might still be complying with their mutual duty of support, as well as their
duty to support and maintain the children
The absolute community of property or conjugal partnership between the spouses
is not affected by their separation de facto except: (ARTICLE 100)

 The spouse who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported
 When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding
 In the absence of sufficient community property, the separate property of both spouses
shall be solidarily liable for the support of the family. The spouse present shall, upon
proper petition in a summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the letter's share
Abandonment
Is not mere separation de facto but implies an intention never to return to the conjugal
home and without providing for the needs and maintenance of one's family.
Presumption of Abandonment
A spouse is prima facie presumed to have abandoned the other spouse and the family if:

 He or she has left the conjugal dwelling for a period of three months
 He or she has failed within the same period of three months to give any information as to
his or her whereabouts.
Remedies of Present Spouse in Case of Abandonment by the Other Spouse:

 Receivership
 Judicial separation of property
 Authority to be the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.