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ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP OF COMPLETE SEPARATION OF UNIONS WITHOUT

PROPERTY GAINS PROPERTIES MARRIAGE


Spouses shall place in a common
Retains individual ownership of
fund the proceeds, products, Equal sharing and ownership on
each properties that they had
All properties acquired before fruits and income from their all properties acquired properties
brought into the marriage as well
INCLUDES and after the marriage to be separate properties and those that are brought upon living
as the properties the properties
conjugal acquired by either or both together are to be considered
they had individually acquired
spouses through their efforts or conjugal (Co-Ownership)
after judicial settlement
by chance
Properties brought to the
marriage as his or her own,
Properties acquired through
properties acquired during the
Gratuitous Title, Personal The properties and its proceeds
marriage by Gratuitous Title, Belongs to party upon proof of
EXCLUDES Properties, and Properties that are acquired during the
properties purchased with acquisition through exclusive funds
acquired from the former marriage for the use of the family
exclusive money of the wife or of
Marriage
the husband and properties
acquired by right of redemption
The credits and liabilities of said
Support for the family, its Solidary liabilities for family The credits and liabilities of said
LIABLE FOR Conjugal Properties
liabilities and obligations expenses Conjugal Properties

All losses are for the loser-spouse All losses are for the loser-spouse All losses are for the loser-spouse All losses are for the loser-spouse
GAME OF CHANCE while all winnings are part of the while all winnings are part of the while all winnings are part of the while all winnings are part of the
conjugal fund/property conjugal fund/property conjugal fund/property conjugal fund/property

may be transferred by the court


to the other spouse if: When one
spouse becomes the guardian of
the other; When one spouse is
judicially declared an absentee;
The administration and
Jointly administered by both When one spouse is sentenced to Depends on who the spouses
ADMINISTRATION AND enjoyment of the conjugal
spouses but its enjoyment is for a penalty which carries with it appoint to administer but its
ENJOYMENT partnership shall belong to both
the whole family civil interdiction; or when one enjoyment is for the whole family
spouses jointly
spouse becomes a fugitive from
justice or is in hiding as an
accused in a criminal case

*IN CASE OF DISAGREEMENT The husband’s decision prevails The husband’s decision shall
prevail, subject to recourse to the
but the wife may file a case in court by the wife for proper
court within five years from the remedy, which must be availed
date of the contract of within five years from the date
implementing the husband’s of the contract implementing
decision such decision

The capacitated spouse may The capacitated spouse may


The court shall appoint a suitable
*IN CASE OF INCAPACITY assume sole powers of assume sole powers of
person to be the administrator
administration administration
Neither party can dispose of
his/her share  in the property
Administrator-spouse cannot Each spouse shall dispose his or
Either spouse may dispose by will acquired during cohabitation and
dispose such properties without her own separate estate, without
DISPOSITION of his or her interest in the owned in common, without the
written consent of the other need of the consent of the other
community property consent of the other, until after
spouse or authority of the court including its earnings
the termination of their
cohabitation
Allowed to donate not more than Allowed to donate not more than
1/5 of his/her property ; neither 1/5 of his/her property ; neither
spouse may donate any conjugal spouse may donate any conjugal
partnership property partnership property
without the consent of the other. without the consent of the other.
However, either spouse may, However, either spouse may,
DONATIONS TO EACH OTHER without the consent of the other, without the consent of the other,
make make
moderate donations from the moderate donations from the
conjugal partnership property for conjugal partnership property for
charity or on occasions of family charity or on occasions of family
rejoicing or family distress rejoicing or family distress

Upon death of a spouse decree Upon death of a spouse decree


of legal separation, annulled of legal separation, annulled
TERMINATION or declared void, and in case or declared void, and in case
of judicial separation of of judicial separation of
property during the marriage property during the marriage
the spouse who leaves the the spouse who leaves the
conjugal home or refuses to conjugal home or refuses to
SEPARATION OF FACTS live therein, without just live therein, without just
cause, shall not have the cause, shall not have the
right to be supported right to be supported
the aggrieved spouse may
the aggrieved spouse may
petition the court for
ask the court to name
receivership, for judicial
him/her as custodian and
separation of property, or for
caretaker of the community
ABANDONMENT authority to be the sole
property, to separate the
administrator of the conjugal
properties, or for authority
partnership property, subject to
to be the sole administrator
such precautionary conditions as
of the absolute community
the court may impose
Net gains or benefits obtained by
Absolute community is dissolved
either or both spouses shall be
with the grant of judicial
DISSOLUTION divided equally between them,
separation of the absolute
unless otherwise agreed in the
community
marriage settlements
An inventory shall be prepared, An inventory shall be prepared,
listing separately all the listing separately all the
properties of the absolute properties of the absolute
LIQUIDATION
community and the exclusive community and the exclusive
properties of each spouse to be properties of each spouse to be
liquidated judicially liquidated judicially

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