ARTICLES 88 - 104 FAMILY CODE Flashcards
T or F
The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express
or implied, for the commencement of the
community regime at any other time shall be void.
True. Art 88
When does ACOP commence?
At the time of personal declarations that they take each other as husband and wife followed by the solemnizer’s
pronouncement that they henceforth are husband and wife
T or F
In the absence of a property regime or when a marriage settlement is void under the Family Code it shall be governed by Article 88.
True.
T or F
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.
True. Art 89
T or F
When the wavier takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as
provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits
True. Art 89
T or F
The general rule is that there should be no waiver of rights, interests, shares and effects of the absolute community.
True.
What are the exceptions wherein a waiver may be made in an ACOP?
EXCEPTIONS: Waiver by one spouse is allowed in:
- With the marriage subsisting, in case of a judicial separation of property, which includes dissolution of the absolute community or conjugal partnership as a result of legal separation; and
- In case marriage is dissolved (death or voided)
In cases where a waiver is allowed during ACOP, what requisites must be followed for the same to be valid?
Cases where waiver is allowed:
1. The waiver must appear in a public instrument (an oral waiver is void) to bind third persons.
- The waiver must be recorded in the office of the LCR, where the marriage contract is recorded in the proper registries of the property.
T or F
The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in the Chapter.
True. Art 90.
What constitutes community property?
The community property shall consist of all the property owned by the spouses at
the time of the celebration of the marriage or acquired thereafter. Art 91
T or F
In absolute community of property, all properties belonging to husband and wife before the marriage are automatically converted into community or common property of the spouses, by the marriage,
without need of judicial act on the part of the owner spouse transferring the same to the community.
True.
T or F
In ACOP, the spouses have option to exclude specific properties from the community.
False. The spouses have NO option to exclude specific properties from the community.
What shall be excluded from the community property?
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any,
unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property.
(3) Property acquired before the marriage by either spouse who has legitimate
descendant by a former marriage, and the fruits as well as the income, if any, of such
property.
T or F
Property acquire during the marriage is presumed to belong to the community, unless it is proved that one of those excluded therein.
True.
Under Article 94, what are the items the ACOP is liable for?
- The 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; - All debts and obligations contracted during the marriage by the designated administrator spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other.
- Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
- All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;
- All 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;
- Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
- The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self improvement; - Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and
- Expenses of litigation between the spouses unless the suit is found to be groundless.
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.
