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PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE (SEPARATION OF PROPERTY CAUSES…
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
be governed by Philippine laws, EXCEPT:
both spouses are aliens
contracts affecting property not situated in the Philippines and executed in the country where the property is located
contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity
civil interdiction or who is subject to any other disability
shall be indispensable for the guardian appointed by a competent court to be made a party thereto
Donations by Reason of Marriage
those which are made before its celebration
If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void
Maybe revoked if:
marriage is not celebrated
marriage takes place without the consent of the parents
marriage is annulled, and the donee acted in bad faith
legal separation, the donee being the guilty spouse
donee has committed an act of ingratitude (Civil Code on donations in general)
except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage
absolute community
FACTS
No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property
shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements
shall commence at the precise moment that the marriage is celebrated
consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter
exclusions
Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income
unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property
Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property
Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property
OBLIGATIONS
(If the community property is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their separate properties)
obligations
All debts and obligations contracted during the marriage for the benefit of the community
taxes, liens, charges and expenses
taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family
Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement
support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support
Expenses of litigation between the spouses unless the suit is found to be groundless
insufficiency of the exclusive property of the debtor-spouse
liabilities incurred by either spouse by reason of a crime or a quasi-delict
support of illegitimate children of either spouse
Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family
Not an obligation
Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the community
but any winnings therefrom shall form part of the community property
debts and obligations of the absolute community
shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties
Enjoyment and Disposition
administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration
do not include disposition or encumbrance without authority of the court or the written consent of the other spouse
Neither spouse may donate any community property without the consent of the other
may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress
Termination
Upon the death of either spouse
legal separation
marriage is annulled or declared void
Exclusive Property of Each Spouse
That which is brought to the marriage as his or her own
That which each acquires during the marriage by gratuitous title
That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses
That which is purchased with exclusive money of the wife or of the husband
FACTS
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument
spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same
Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case
Transfer of exclusive property to the other spouse
When one spouse becomes the guardian of the other
When one spouse is judicially declared an absentee
When one spouse is sentenced to a penalty which carries with it civil interdiction
When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case
Conjugal Partnership Property
involves a property regime where the husband and the wife place their properties in a common fund the proceeds, fruits, and the income from their separate properties
Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses
Those obtained from the labor, industry, work or profession of either or both of the spouses
The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse
Those acquired through occupation such as fishing or hunting
Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse
Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse
Obligations is same as absolute community
SEPARATION OF PROPERTY CAUSES
spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction
spouse of the petitioner has been judicially declared an absentee
loss of parental authority of the spouse of petitioner has been decreed by the court
spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family
spouse granted the power of administration in the marriage settlements has abused that power
spouses have been separated in fact for at least one year and reconciliation is highly improbable
Property Regime of Unions Without Marriage
their wages and salaries shall be owned by them in equal shares
property acquired by both of them through their work or industry shall be governed by the rules on co-ownership
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation