Family Code Of The Philippines Flashcards
What is Absolute Community of Property?
All properties from both husband and wife are common property
A. How can a Marriage Settlement aka a Pre-Nup be valid?
B. What can they agree upon?
A.
- must be in writing
- a voluntary act of both parties
- must be signed by both parties
- must be prepared and executed BEFORE the marriage
B.
- Absolute community
- Conjugal partnership of gains
- Complete separation of property or
- Any other regime
What are the exceptions to the rule of the Family code?
- When both spouses are aliens
- Contracts and property not executed or in the Philippines
- Contracts made in the Philippines but in foreign land, law in the foreign land rules
What is the Regime of Absolute Community of Property?
- both husband and wife are joint owners of ALL the property acquired before and during the marriage
- in the dissolution of the marriage, the property is divided equally to both spouses or respective heirs
What constitutes as Community Property? What is excluded from the Community Property?
All properties owned by the spouses at the time of the celebration of marriage and thereafter
Excluded are:
- property acquired during the marriage by gratuitous title by either spouse and the fruits of this property as well
- property for exclusive use of the spouse (jewelry counts as C.P.)
- property acquired by either spouses who has legitimate descendants by a former marriage as well as its fruits
Dissolution of the Absolute Community Regime will happen after the following:
- death of either spouse
- decree of legal separation
- marriage is declared annulled or declared void
- judicial separation of property during the marriage under Article 134 to 138
Art 94: The absolute community of property shall be liable for:
- support of the spouses, their common children and legitimate children of either spouses
- all debts and obligations contracted during the marriage
- debts and obligations contracted by either spouse without the consent of the other, to the extent that the family may have benefited
- taxes, liens, charges and expenses including major and minor repairs of the C.P.
- 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 activity of self improvement
- Ante-nuptial (pre-nuptial) debt that was for the benefit of the family
- the value of what was promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional of vocational course or other activities for self improvement
- Ante-nuptial debt
Art 100. Separation in face between husband and wife shall not affect the Absolute Community except the following:
- spouse who leaves the conjugal home or refuses to live in the home without just cause shall NOT have the right to be supported
- when the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in summary of proceeding;
- in the absence of sufficient C.P. The separate property of both spouses shall be solidarily liable for the support of the family, the present spouse shall be given judicial authority to administer or encumber any specific separate property of the other spouse
What happens when a spouse abandons the family? (Art 101)
- The aggrieved spouse can petition the court for receivership
- for judicial separation of property or for authority to be the sole administrator of property
- for the authority to be the sole administrator of the Absolute Community
- a spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning (period of 3 months or give information of their whereabouts) be assumed prima facie
What are the procedures of the dissolution of Absolute Community Regime?
- Inventory separating absolute and exclusive properties of each spouse
- All debts on the absolute property be paid out of its assets, balance will be for both spouses to be paid
- Whatever remains will be delivered to each of the spouses
- Remainder of the properties be divided equally to both spouses unless pre-nup stipulates otherwise
- The common children shall be given a share
- Conjugal property and home – majority of the share of the property will be given to the spouse who the majority of the children choose to remain with (children under 7 is assumed to be in favor or the mother)
What is Conjugal Property of Gains?
Properties acquired by husband (capital property) and wife (paraphernal property) are separate and only the fruits of the properties are commonly owner by both spouses
Must be stipulated in their marriage settlements (pre-nip) or else Absolute Community of Property will govern.
What are EXCLUSIVE properties of each spouse?
- What was brought to the marriage as his or her own
- That which was acquired by gratuitous title
- That which was acquired by right of redemption, by barter or exchange with property belonging to only one of the spouses
- Purchased with exclusive money of either spouse
What happens when a spouse wins or loses in a game of chance or in betting, sweepstakes et al? (Art 123)
If you lose, you lose alone but if you win you need to share it to your partner.
What is Complete Separation of Spouse Property?
Separation of property of both spouses for all present and future property.
Each spouse shall own, dispose of, posses, administer and enjoy his other own separate estate without the need of consent of the other
Despite separation of property, both spouses shall bear the family expenses in proportion to the income
Should the spouses agree in the marriage settlement that their property relations during the marriage shall be governed by the regime of separation of property, the provisions under this category shall only be suppletory in nature
Liability to a creditor for family expenses are solidary
Property Regime of unions without Marriage
All wages shall be owned by them equally, all properties bought by their earnings will be governed by rules on co-ownership
All properties purchased during their relationship will be presumed to be obtained by joint effort and will be shared equally
If the purchase was only by one partner but the other partner’s efforts with care and maintenance of the family and household will grant her the assumption to have been acquired jointly
Neither can dispose of property unless it first be liquidated and separated
In good faith it is all shared equally, if in bad faith– property is forfeited to the common children and respective surviving descendants
