Family Code: PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Question 1

How will the Property Relations between Husband and Wife be governed?

Answer 1

(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom.

Question 2

What Property Regimes can future spouses agree upon?

Answer 2

1. Absolute Community Property (ACP)
2. Conjugal Partnership of Gains (CPG)
3. Complete Separation of Property (CSP)

Or ANY other REGIME.

In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

Question 3

When can you modify marriage settlements?

Answer 3

It must be made before the celebration of the Marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136.

Question 4

When can a Donation by reason of marriage be revoked by the donor?

Answer 4

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.