Family Code Flashcards
The Family Code
EO 209
The Family Code was published on ___, newspaper___
August 4, 1987
The Family Code Effectivity
August 3, 1988
Property relations shall be governed in the following order:
By marriage settlements (pre-nuptial agreement)
By the provision of this code
By the local customs
Future spouses may, in the marriage settlement, agree on the regime of:
Absolute Community of Property (ACP)
Conjugal Partnership of Gains (CPG)
Complete Separation of Property (CSP)
Any other regime (combination of the three)
Art. 76. In order that any modification in the marriage settlements may be valid, it must be ___
made before the celebration of the marriage
If there is no marriage settlement or when the regime agreed upon on is void, the system of ___ will govern
Absolute Community Property
is an act of liberality by which a person disposes gratuitously of a thing or right in favor of another, who accepts it
donation
For Donations by Reason of Marriage may be valid, the ff. requisites must be present
-Must be made before the celebration of marriage
-Must be made in consideration of the marriage
-Must be made in favor of one or both future spouses
if the spouses are governed by a regime other than ACP, they cannot donate to each other in their marriage settlements ___ of their present property. Any excess shall be considered void.
more than one fifth (1/5)
If the spouses are governed by ACP, there is ___ as to the extent of the donation the future spouses may give to one another before or in consideration of the marriage
no limit
ACP between spouses shall commence at the ___
precise moment that the marriage is celebrated
no waiver of rights, interests, shares, and effects of the ACP during the marriage can be made except in case of ___
judicial separation of property
what constitutes community property
all the property owned by the spouses at the time of the celebration of marriage or acquired thereafter, except those excluded in the Marriage Settlement
what are the properties excluded in ACP
*Property acquired during the marriage by gratuitous title by either spouse, and the fruits and income thereof, if any, unless it is expressly provided by the donor, testator, or grantor that they shall from part of the community property
*Property for personal and exclusive use of either spouse, except jewelry
*Property acquired before 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
in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, loss shall be ____ and any winnings shall ___
borne by the loser and shall not be charged to the community, form part of the community property
Art. 96. The administration and enjoyment of the community property shall belong to ___
both spouses jointly
in the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may ___. These powers does not include ____
assume sole powers of administration, disposition or encumbrance without authority of the court or the written consent of the other spouse
the disposition or encumbrance without authority of the court or the written consent of the other spouse shall be ___
void
Art. 100. The separation in fact (separation de facto) between husband and wife shall not affect the regime of absolute community except that:
when the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding
Art 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for
*for receivership
*for judicial separation of property
*for authority to be sole administrator of the absolute community
if no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within ___ from the death of the deceased spouse
6 months
if upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be
void
should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, ____ shall govern the property relations of the subsequent marriage
a mandatory regime of complete separation of property
the ACP terminates with the ff.
Upon the death of either spouse
Decree of legal separation
Marriage is annulled or declared void
In case of judicial separation
Property regime where spouses place in common fund, the fruits of their separate property, and the income from their work or industry and the same is to be divided between them equally, generally, upon the dissolution of the marriage or the partnership
Conjugal Partnership of Gains
if marriage was before August 3, 1988, without pre-nuptial agreement, what will be the property regime that will govern the property relations
Conjugal Partnership of Gains
in conjugal partnership of gains, what are the 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 or by exchange with other property belonging to only one of the spouse
*that which is purchased with exclusive money of the wife or of the husband
exclusive property of the wife
paraphernal
exclusive property of the husband
capital
the CPG terminates
Death or annulment
Dissolution of partnership, like legal separation or judicial separation of property
property regime wherein each spouse has sole ownership, control and enjoyment over their separate estate without needing the other’s consent
Regime of Separation of Property
two instances when the governing system is that of co-ownership
1st instance - when a man and a woman live together as husband and wife, but they are not married (they are capacitated to marry each other) or when there is void marriage however on spouse is psychologically incapacitated
2nd instance - when the marriage is void (void ab initio) (grounds other than psychological incapacity)
Under the rules of co-ownership, the share of the co-owners, in the benefits as well as the charges, shall be ___
proportional to their respective interests
the properties of common-law partners falling under Article 147 of the Family Code, which is under co-ownership are as follows
a. Property acquired by either or both of them thru their work or industry
b. Wages and salaries
common law spouses shall be under this property regime
Property Regime of Union without Marriage
Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of both spouses, is presumed to be ___
conjugal unless the contrary is proved
