CATEGORY Commence /Existence
ABSOLUTE COMMUNITY @ the PRECISE MOMENT that marriage is CELEBRATED Any other time = void (Art. 88)
CONJUGAL PARTNERSHIP OF GAINS -
Only when the same has been agreed upon in the marriage settlement (Art. 105) Same with ACP’s ART. 88 => Art. 106
In absence of marriage settlement -> default: ACP
Waiver
Other rules or provisions that apply
What constitutes Comm. Prop.
COMPLETE SEPARATION OF PROPERTY -takes place only except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause. (Art. 134, FC)
No Waiver of RISE can be made DURING the marriage >except: in case of judicial separation of property (JSP) Waiver takes place upon 1. JSP 2. Marriage – dissolved/annulled - Shall Appear in a public instrument Recorded as provided in Art. 77 - Creditors of spouse who waivered may petition court to rescind the waiver >limit: to the extent of the amount sufficient to cover the amount of their credits (Art. 89 Co-ownership provisions apply in all matters not provided for Conjugal partnership – governed by rules on CONTRACT in FC OF PARTNERSHIP in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements (Art. 108) ALL property owned by the spouses – @ the time of the celebration of the marriage /acquired thereafter
proceeds, products, fruits, and income from the SEPARATE properties of the spouses those acquired by either/both spouses by their efforts /chance Damages because of an accident (loss of expected salary/hospitalization expenses) CONJUGAL PARTNERSHIP PROPERTY (Section 3) 1. Property acquired DURING the marriage (Art. 116) a. Contracted/registered in name of one/both spouses b. Whether acquisition be for the partnership or for ONLY ONE of the spouses 2. The ff are CPP (Art. 117) a. Acquired by onerous title during the marriage @ expense of COMMON fund
ALL earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (Article 145 Family Code of the Philippines) It may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (Article 144 Family Code of the Philippines)
Excluded from Comm. Prop.
PROPERTY… 1. Acquired DURING the marriage By gratuitous title Fruits & income (from donations) >unless expressly provided by the DoTeG Desire of gratuitous giver must be respected
b. Obtained from LIW/P c. Fruits, (nat, industrial, /civil) due/received DURING the marriage from the common property + net fruits from the EXCLUSIVE property of each spouse d. Share of either spouse in the hidden treasure e. Acquired through occupation such as fishing and hunting f. Livestock existing upon dissolution of partnership - In excess of number of each kind -> brought to the marriage by either spouse g. Acquired by CHANCE - Losses born by loser-spouse As Exclusive properties of Each Spouse (Art. 109) A.
Property by Direct Acquisition 1. Brought to the marriage as his or her OWN 2. Acquired during marriage by GRATUITOUS title B. 3.
Property by substitution Acquired by right of REDEMPTION Barter /by exchange with property belonging to only one of the spouses
4.
Purchased with EXCLUSIVE MONEY of the wife/husband
2. For PERSONAL and EXCLUSIVE use of EITHER spouse >except jewelry
Property acquired
3. Acquired BEFORE the marriage By EITHER spouse Who has legitimate descendants by a FORMER marriage + fruits & income of such property To protect the rights/legitimes of the children/other descendants of the previous marriage Must be LEGITIMATE 1. DURING the marriage = Presumed to belong to the community >unless proved that it is among those excluded
*spouse dies before delivery of acquired property with exclusive money = heirs are the owners, not the spouse *spouse may ignore judgment against the other, since property involved is exclusive
A. By Onerous donations – amount of charges = born by exclusive property when advanced by CPG (Art. 114) Retirement benefits, pensions, annuities, gratuities, usufructs & similar benefits = governed by rules on gratuitous or onerous acquisitions as may be proper (Art. 115)
B. PROPERTY BOUGHT ON INSTALLMENTS (Art. 118) - Partly paid with exclusive funds + conjugal = before marriage-> buyer/buyers =after marriage -> conjugal partnership *any amount advanced -> be reimbursed upon liquidation
C. AMOUNT/CREDIT PAYABLE WITHIN PERIOD OF TIME (Art. 119) - sums collected during marriage = exclusive property of the spouse -interests during marriage on principal = belong to conjugal partnership
D. -
Charges Upon and Obligations
Liable for 1. SUPPORT of a. the spouses b. their COMMON children c. the legitimate children of either [>support of illegitimate children = not supported by AC] 2. ALL DEBTS & OBLIGATIONS Contracted DURING the marriage By the designated administrator-spouse o For the benefit of the community
OWNERSHIP OF IMPROVEMENTS (Art. 120) Whether for utility or adornment Made on the SEPARATE property of the spouses @ expense of partnership /through acts/efforts of both spouses Shall pertain to CONJUGAL PARTNERSHIP /to original owner-spouse
RULES: 1. Cost of improvement = more than value of property Conjugal partnership (+ reimbursement of value of owner-spouse) 2. Otherwise: retained by owner-spouse (+ reimbursement of costs) Liable for (Art. 121) No’s 1 to 3 = SAME as ACP 4. ALL [TaliCE] - Including – o Major o & minor repairs - Upon the CPP 5. ALL [TaE] for mere preservation - Made during marriage upon the separate property of either spouse
-each spouse shall contribute to the family expenses, in proportion to their income. in case of insufficiency, to the current market value of their separate properties.
-liability of the spouses to creditors for family expenses shall be solidary. (Art. 146, FC)
3.
4.
5.
6.
7.
8.
9.
Whatever may be lost during the marriage in any game of [ChaBSO] Ownership, Possession, Administration, & Enjoyment
By both spouses /by one spouse with the consent of the other; ALL DEBTS & OBLIGATIONS Contracted by either spouse Without the consent of the other to the extent that the family may have been benefitted; ALL [TaliCE] Including – o Major o & minor repairs Upon the community property ALL [TaE] for mere preservation Made during marriage upon the separate property of either spouse Used by the family EXPENSES to enable Either spouse To commence/complete a [ProVO] ANTENUPTIAL DEBTS Of either spouse Have redounded to the benefit of the family; VALUE DONATED or PROMISED By both spouses in favor of their common, legitimate children for the exclusive purpose of commencing/completeing a [ProVO] ANTENUPTIAL DEBTS o Of either spouse o Other than those falling under par. 7 + support of illegitimate children of either spouse +liabilities incurred o by either spouse o by reason of a crime/quasi-delict in case of absence/insufficiency of exclusive property of debtor-spouse payment will be considered as advances deducted from share; upon liquidation
No. 5-8= SAME as ACP 9. EXPENSES OF LITIGATION - Between spouses >unless suit s found to be groundless Conjugal partnership is insufficient? = spouses are solidarily liable for the unpaid balance with their separate property. PERSONAL DEBTS (Art. 122) - Contracted by either - Before/during the marriage - Shall not be charged to the conjugal partnership >>except: if they have redounded to the benefit of the family + fines & pecuniary indemnities >>+ support of illegitimate children may be enforced against partnership assets after responsibilities are covered >>condition: spouse has no exclusive property/is insufficient >>>@ time of liquidation: spouse shall be charged for what has been paid
Shall be borne by the loser Shall not be charged to the community Any winnings -> shall form part of the community property Of the COMMUNITY PROPERTY Shall belong to both spouses jointly [Gen. Rule: Joint A&E by both spouses] [>exception]: In case of disagreement: husband’s decision shall prevail Subject to recourse to the court by the wife
Of EXCLUSIVE PROPERTIES (Art. 110) = retained by spouses Transfer of admin. Of exclusive property -> to the other By either spouse By means of a PUBLIC INSTRUMENT
For a proper remedy w/c must be availed of WITHIN 5 YRS from the DATE OF CONTRACT implementing such decision [Rules of Exception]: in the event that one spouse is incapacitated /otherwise unable to participate in the admin. Of common properties OTHER SPOUSE may assume powers of administration These powers do not include: Disposition/encumbrance Without authority of the court /written consent of the other spouse In the absence = VOID Transaction shall be construed as a continuing offer rd On part of the consenting spouse & 3 person May be perfected as a binding contract Upon acceptance by the other spouse /authorization by the court Before the court is withdrawn by either or both offerors Either spouse may dispose BY WILL - Of his/her interest in the CP [Gen. Rule]: Neither spouse may DONATE ANY CP - WITHOUT consent of the other [>except]: Make MODERATE donations from the CP for
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Recorded in REGISTRY OF PROPERTY OF PLACE Where property is located
Mortgage, Encumbrance, Alienation or Disposition May be done WITHOUT the consent of the other May appear ALONE in order to litigate ALIENATION of EXC. Prop. -> administered by the other automatically terminates the administration over such property proceeds turned over to owner-spouse Property donated/left by will to the spouses, JOINTLY and with designation of determinate shares (1/2 for each, unless in different proportion) =shall pertain to donee-spouse as his or her own EXCL. PROP.
Charity and /on occasion of family rejoicing/distress
DISSOLUTION/ DURATION
AC terminates [GROUNDS FOR TERMINATION] Upon DEATH of either spouse Legal decree of LEGAL SEPARATION Marriage is ANNULLED or DECLARED VOID In case of JSP during marriage under Art. 134-138
Separation in Fact b/n husband & wife
= NOT AFFECT the regime >except: 1. Spouse who a. LEAVES the conjugal home b. /REFUSES to live therein without just cause
Lasts until 1. Dissolution of the marriage – death or annulment 2. Dissolution of the partnership[ - legal separation / JSP
= shall NOT HAVE the right to be SUPPORTED
File a verified petition for voluntary dissolution of the ACP or the CPG and for the separation of their common properties
2. Consent of one spouse to any transaction is required by law
Judicial authorization shall be obtained -> in a summary proceeding (instead of marital consent)
3. In absence of SUFFICIENT Community Property
Separate property of both spouses - Shall be solidarily liable for the support of the family *spouse present shall be given judicial authority to A or encumber - any specific separate property of the other spouse shall USE the fruits/proceeds to satisfy the other’s share
Abandonment without just cause /Failure to comply with his/her obligations to the family
LIQUIDATION
=Aggrieved spouse may petition the court for 1. receivership 2. JSP 3. /authority to be the sole administrator
Abandonment: - Spouse left conjugal dwelling Without any INTENTION of returning For a period or 3 months /has failed within same period To give any info As to his/her whereabouts Shall be prima facie presumed to have no intention of returning to the conjugal dwelling Upon dissolution, the ff procedure shall apply: Upon dissolution, the ff procedure shall apply: 1. Inventory 1. Inventory - Separate listing of - Separate listing of a. AC and c. CP properties and b. Exc. Properties of each spouse d. Exc. Properties of each spouse 2. Debts & obligations 2. Amounts paid in advance of debts & obligations - Paid out of its assets - Credited to the CP as an asset - In absence, separate properties (solidarily) 3. Debts & obligations 3. Remains of Exclusive Properties - Paid out of its assets - Shall be delivered to each of them - In absence, separate properties (solidarily) 4. Net remainder of the properties 4. Remains of Exclusive Properties - Shall constitute its NET ASSETS - Shall be delivered to each of them - Divided equally b/n husband & wife 5. Loss or deterioration of movables >unless: - Shall be paid to affected spouse from the conjugal Different proportion or division was agreed upon funds
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spouses may jointly file a verified petition within the court for voluntary dissolution of the ACP or the CPG and for the separation of their common properties
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all creditors of the ACP and CPG as well as the personal creditors of the spouse shall be listed in the petition and notified of the filing thereof
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the court shall take measures to protect the creditors and other persons with pecuniary interest
Voluntary waiver of share PROFITS: the increase in value b/n market value of the CP @ the time of the celebration & @ the time of dissolution 5. Presumptive legitimes - Shall be delivered upon partition - In accordance with Art. 51 6. Conjugal dwelling - & the lot on which it is situated Shall be adjudicated on whatever is agreed upon in the marriage settlement (in absence) Shall be adjudicated to the spouse With whom the MAJORITY of the children remain Children BELOW the age of 7 YEARS – are deemed to have chosen the mother (ART. 102) >unless the court has decided otherwise No majority -> court shall decide Taking in consideration the best interests of the children -
7. Net remainder of the properties - Shall constitute its NET ASSETS - Divided equally b/n husband & wife >unless: Different proportion or division was agreed upon Voluntary waiver of share 6. Presumptive legitimes - Shall be delivered upon partition - In accordance with Art. 51 7. Conjugal dwelling - & the lot on which it is situated Shall be adjudicated on whatever is agreed upon in the marriage settlement (in absence) Shall be adjudicated to the spouse With whom the MAJORITY of the children remain Children BELOW the age of 7 YEARS – are deemed to have chosen the mother (ART. 102) >unless the court has decided otherwise No majority -> court shall decide Taking in consideration the best interests of the children
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the separation of property shall not prejudice the rights previously acquired by the creditors
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upon decree, the ACP or CPG shall be liquidated in conformity with this Code
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during the pendency of the proceedings for separation of property, the ACP or CPG shall pay for the support of the spouses and their children.
Property Regime of Unions Without Marriage (Article 147)
Property Regime of Unions Without Marriage (Article 148) APPLICABILITY
1. No legal impediment to marry; 2. Void marriage on the ground of psychological incapacity
Presence of legal impediment: 1. Adulterous relationships 2. Bigamous/Polygamous marriages 3. Incestuous void marriages under Art. 37 (FC) 4. Void marriages by reason of public policy (Art 38) SALARIES AND WAGES
Owned in equal shares
Separately owned by the parties. If any is married, his/her salary pertains to the CPG of the legitimate marriage. PROPERTY EXCLUSIVELY ACQUIRED
Belongs to party upon proof of acquisition through exclusive funds
Belongs to such party
PROPERTY ACQUIRED BY BOTH THROUGH THEIR WORK OR INDUSTRY Property acquired while living together presumed obtained by their joint efforts, work or industry and owned by them in equal shares. If one party did not participate in acquisition: presumed to have contributed through care and maintenance of family and household.
No presumption of joint acquisition. Actual joint contribution of money, property or industry shall be owned by them in common proportion. However, their contributions are presumed equal, in the absence of proof to the contrary.
FORFEITURE When one one is in GF, share party in BF in the co-ownership be forfeited in favor of: 1. Their common children 2. Innocent party
If one of the parties is validly married to another, his/her share in the co-ownership shall accrue to the ACP or CPG existing in the marriage. If the party who acted in BF is not validly married to another or if both parties are in BF, such share be forfeited in manner provided in last paragraph of Article 147.
In default of/ waiver by any/ all common children, or by their descendants PROOF OF ACTUAL CONTRIBUTION Not necessary
Necessary
PROPERTY REGIMES
