Académique Documents
Professionnel Documents
Culture Documents
EXCEPTIONS:
1. In case of legal separation, the
property relationship of the spouses
shall be dissolved. But in case of
reconciliation between the parties, the
final decree of separation shall be set
aside, but the separation of property
and any forfeiture of the share of the
guilty spouse already effected shall
subsist, unless, the parties agree to
revive their former property regime.
[Article 66 (2)]
2. The agreement to revive the former
regime shall be executed under oath
and shall specify:
a. The
properties
to
be
contributed
anew
to
the
restored regime;
b. Those properties to be retained
as separate property of each
spouse; and
c. The names of all their known
creditors their addresses and
the amounts owing to each.
(Article 67)
3. A spouse without a just cause
abandons the other. The other spouse
may ask for judicial separation of
property. (Article 128)
4. Article 135. Any of the following shall
be
sufficient
cause
for
judicial
separation of property: C A L F A S
a. That
the
spouse
of
the
petitioner has been sentenced
to a penalty which carries with
it Civil interdiction.
b. That
the
spouse
of
the
petitioner has been judicially
declared an Absentee.
c. That Loss of parental authority
of the spouse of the petitioner
has been judicially decreed by
the court.
d. That the spouse has abandoned
the petitioner or Failed to
comply with his or her duties to
NOTE:
NOTE:
REASON:
Absolute
community
of
property
between the spouses shall commence
at the PRECISE moment that the
marriage is celebrated.
CHAPTER
Marriage
Donations
by
Reasons
of
of
donations
propter
Article
93:
Property
acquired
during
marriage is presumed to belong to the
community property, unless it is provided to
one of those excluded therefrom
community
of
If
the
community
property
is
insufficient to cover the foregoing
liabilities, except those falling under
paragraph 9, the spouses shall be
solidarily liable for the unpaid
balance
with
their
separate
properties.
Support
comprises
everything
indispensable for sustenance, dwelling,
clothing, medical attendance, education
and transportation in keeping with the
financial capacity of the family.
NOTE:
CIVIL
CODE:
Husband
is
the
administrator
of
the
conjugal
partnership property.
Powers of administration do not
include disposition (or encumbrance)
community
of
NOTE:
Abandonment implies departure of one
spouse with avowed intention of not
returning, followed by a prolonged
absence without a just cause, and in the
meantime, without providing in the least
to ones family although he is able to do
so.
2.
3.
4.
5.
6.
absolute
community
and
the
exclusive
properties
of
the
spouses.
All debts and obligations of the
absolute community shall be paid
out of its assets. In the absence of
sufficient community property, the
spouses
together
with
their
separate
properties
shall
be
solidarily liable for the unpaid
balance subject to the provisions
of article 94, paragraph 2 of this
Code.
Whatever
remaining
in
the
exclusive property of the spouses
shall be delivered to each of them.
The
net
remainder
of
the
properties
of
the
community
property shall constitute its net
assets, which shall be divided
equally between the spouses,
unless a different proportion or
division had been agreed upon in
the marriage settlement or there
is a voluntary waiver of the share
of one spouse subject to the
provisions of this Code. For
purposes of computing the net
profits subject to forfeiture under
articles 43 and 63, the profit shall
be the increase between the
market value of the community
property at the time of the
celebration of the marriage and
the market value at the time of its
dissolution.
The presumptive legitime of the
common legitimate children shall
be delivered upon partition.
Unless otherwise agreed upon by
the parties, in the partition of the
properties, the conjugal dwelling
as well as the lot on which it is
situated shall be adjudicated in
favor of the spouse with whom the
majority of the children choose to
remain. Children of ages below
seven years old shall be deemed
to chosen the mother unless the
court decided otherwise. In case
Article 117:
properties:
The
following
are
conjugal