Section 5

Dissolution of Absolute Community

Regime

Section 6
Liquidation of the Absolute Community
Assets and Liabilities
 Section 5
Dissolution of Absolute
Community Regime

Article 99
The absolute community terminates:
(1) Upon the death of either spouse
(2) When there is a decree of legal
separation
(3) When the Marriage is annulled or
declared void; or
 (4) In case of judicial separation of property
during the marriage under Articles 134 to 138
 The revival of the previous marriage by
the reappearance of the spouse judicially
presumptively dead and the execution by
him of an affidavit of reappearance.
The following are the effects of separation
in fact between the husband and wife
Article 100
 Loss of support
The spouse who leaves the conjugal home
with out just cause loses his or her right
to be supported
 Judicial empowerment of the
spouse present
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.
 Solidary liability of the spouses
for support of the family
In the absence of sufficient community
property, the separate property of both
spouses shall be solidarily liable for the
support of the family.
 Remedies of aggrieved spouse in
case of abandonment
Article 101 (1)
(a) Receivership – a remedy availed of by one who
has interest in a property or fund which is in danger
of being lost, removed, or materially injured whereby
the court appoints a person, called a receiver, “ to
take and keep possession of the property.
(b) Separation of property
(c) Sole administration of the community property
Section 6
Liquidation of the Absolute
Community Assets and Liabilities

Article 102
Upon the dissolution of the Absolute
Property regime, the following
procedure shall apply:
 Upon the dissolution of the
Absolute Property regime:
(1)An inventory shall be prepared, listing
separately all the properties of the absolute
community and the exclusive properties of
each
(2)The debts and obligations of the absolute
community shall be paid out of its assets
Upon the dissolution of the
Absolute Property regime:
(3)Whatever remains of the exclusive
properties of the spouses shall
thereafter be delivered to each one of
them.

(4)The net remainder of the properties of

the absolute community shall constitute
its net assets
 Upon the dissolution of the
Absolute Property regime:
(5) The net remainder of the properties
of the absolute community shall
constitute its net assets

(6) Unless otherwise agreed 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 majority of the common children
choose to remain
Remedy of the property upon the
termination of marriage by death

Article 103 (1)

Upon the termination of marriage
by death, the community property
shall be liquidated in the same
proceeding for the settlement of
the estate of the deceased
 Applicability of Rule
Article 104 states that the rule only
applies to marriages celebrated
before the effectivity of the Familiy
Code.
The rule also applies to overlapping
community property regimes
established after the effectivity of the
Family code