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Persons and Family Relations > Property Regime > Flashcards

Property Regime Flashcards

1
Q

Properties not included in ACP: (Art 92) (STATUTORY EXCLUSION)

A
  1. Property acquired during marriage by gratuitous title
  2. Personal belongings. Except jewelry and car
  3. Property earned before marriage where either spouse has legit descendants by a former marriage and the fruits of the property

*art 91: if expressly mentioned in the settlement, property can be excluded

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2
Q

What property will govern the subsequent marriage:

1) previous marriage is declared null and void because the contracting parties are collateral blood relatives of the first civil degree

Illegitimate children (no legitimate descendants)

A

Illegitimate children (no legitimate descendants), thus properties of the previous marriage will form part the ACP of the subsequent marriage.

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2
Q

Marriage terminated by death, no liquidation of property regime of the previous marriage and surviving spouse validly remarries

What property will govern the subsequent marriage:

A

Complete separation of properties

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3
Q

Previous marriage is annulled or the marriage is nullified because of 36, 52, 53.
Children: legitimate
What will happen to the property of the previous marriage?

A

Property from previous marriage shall not form part of the absolute community of the subsequent marriage

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4
Q

Marriage terminated by death, WITH liquidation of property regime of the previous marriage and surviving spouse validly remarries

What property will govern the subsequent marriage:

A

ACP if no marriage settlement providing for a different regime or if there was a settlement but it is void

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5
Q

Marriage terminated by death, with liquidation of property regime of the previous marriage and surviving spouse validly remarries, surviving spouse has legitimate descendants.

What will happen to the properties from the previous marriage?

A

Properties owned by the surviving spouse shall remain separate despite the fact that the ACP will govern (Art 92)

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6
Q

Absolute community terminates: (Art 99)

A
  1. Upon death of either spouse
  2. Degree of legal separation
  3. Marriage annulled/declared void
  4. Judicial separation of property
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7
Q

Liability of the ACP (Art 94)

A
  1. Support of spouses, common children and legitimate children of either spouse
  2. 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
  3. Debts and obligations contracted by either spouses without the consent of the other to the extent that the family may have been benefited
  4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community property
  5. All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family
  6. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement
  7. Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family
  8. 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
  9. In case of insolvency or absence of property of the other spouse in:
    - support of illegitimate children
    - liabilities incurred (quasi-delict)
  10. Expenses of litigation except for groundless suit
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8
Q

General rule:

No ACP in VOID marriages

EXCEPTION?

A

Subsequent void marriage that could exist by non-observance of Article 40 (situation that involves the declaration of nullity of subsequent marriage contracted by a spouse of a prior void marriage before the latter is judicially declared void)

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9
Q

If either of the spouses contracted the marriage in bad faith, his or her share of the net profits of the community property or the conjugal property shall be forfeited in favor of the:

A
  • common children
  • children of the guilt spouse by a previous marriage
  • innocent spouse
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10
Q

Unjust abandonment remedy: (art 101)

A

Receivership petition
Judicial separation of property
Authority to be the sole administrator of the Absolute community

IF ABANDONMENT MORE THAN ONE YEAR:
Present spouse can file legal separation

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11
Q

A spouse is deemed to have abandoned the other when he/she has left the conjugal dwelling without the intention of returning.

Spouse who has left the conjugal dwelling for a period of ____ or has failed to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.

A

Three

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12
Q

Definition of abandonment

A

Depature by one spouse with the avowed intent never to return, followed by prolonged absence without just cause and without in the meantime providing in the least for one’s family although able to do so.

There must be absolute cessation of marital relations, duties, and rights with the intention of perpetual separation.

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13
Q

Definition of abuse

A

Willful and utter disregard of the interest of the partnership, evidenced by a repetition of deliberate acts and/or omissions prejudicial to the latter

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14
Q

Failure to comply with family obligations (marital, parental, property) remedy (art 101):

A

Receivership petition
Judicial separation of property
Authority to be the sole administrator of the Absolute community

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15
Q

Liquidation of the absolute community assets and liabilities procedure (art102):

A
  1. Inventory preparation
  2. Payment of debts and obligations using assets of ACP *
  3. Remains of exclusive property goes to the spouses
  4. Equal division of the net assets **
  5. Delivery of presumptive legitimes
  6. Conjugal dwelling and lot goes to whom majority of the common children choose to remain. (Child below 7 deemed to have chosen the mother)***

*in case of insufficiency: separate properties will pay for the unpaid balance

**equal unless there is a different agreement of partition in the marriage settlements; net profit=difference between market value at dissolution and at the celebration of the marriage

17
Q

When is the presumptive legitime delivered?

A

Only after finality of a judicial decree of annulment of (45) or of nullity of a subsequent void marriage (under art 40 in relation to article 52 to 53)

18
Q

Period when surviving spouse shall liquidate the community property either judicially or extra-judicially (art 103)

A

Within one year from the death of the deceased spouse

19
Q

Prior to the effectivity of the Family Code (August 3, 1988), what was the default property regime?

A

Conjugal Partnership of Gains

20
Q

CPG (Art 109)

The following shall be the exclusive property of each spouse:

A
  1. brought to the marriage as his or her own
  2. each acquired during the marriage by gratuitous title
  3. acquired by the right of redemption, by barter or by exchange with property belonging to only one of the spouses
  4. purchased with exclusive money of the wife or the husband
21
Q

Accretion definition

A

incorporation or addition of property to another property

22
Q

Liability of Conjugal Partnership

A
  1. Support (spouses, common children, legitimate children of either spouse)
  2. Debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other
  3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited
  4. All taxes, liens, charges and expenses, including major or minor repairs upon the conjugal partnership of property
  5. All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse
  6. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement
  7. Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family
  8. 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
  9. Expenses of litigation except for groundless suit
23
Q

ART 135

Sufficient cause for judicial separation of property (involuntary):

A
  1. sentenced to a penalty which carries with it Civil Interdiction
  2. Spouse judicially declared as Absentee
  3. Loss of Parental Authority
  4. Abandonment or failure to comply to family obligations
  5. Abuse of power of administration
  6. Separation in Fact for more than one year when reconciliation is highly improbable
24
Q

ART 141

When spouses may revive former property regime

A
  1. Civil Interdiction terminates
  2. Spouse judicially declared as Absentee reappears
  3. When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration
  4. Spouse who has left conjugal home without degree of legal separation resumes common life with another
  5. Parental Authority restored
  6. Separation in Fact for more than one year when reconciliation is highly improbable
  7. Joint petition of spouses to revive regime after voluntary dissolution
25
Q

Under Art 142, the administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse when:

A
  1. one spouse becomes the guardian of the other
  2. one spouse is judicially declared an absentee
  3. one spouse is sentenced to a penalty which carries with it civil interdiction
  4. one spouse becomes a fugitive from justice or is hiding as an accused in a criminal case

If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.

26
Q

Structure of Property (Art 147)

A

1) Salaries and wages shall be owned by them in equal shares
2) Property acquired by either of the parties exclusively by his or her own fund belongs to such party provided that there is proof that he or she acquired it by exclusive funds
3) Property acquired by both of them through their work or industry shall be governed by the rules on co-ownership; either spouse may alienate in favor of the other his or her share in the property
4) Property while they live together shall be presumed to have been obtained by their joint efforts, work or industry and shall be owned by them in equal shares; party who did not participate in the acquisition by the other party shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household
5) The fruits of the couple’s separate property are not included in the co-ownership
6) Property acquired by any of the parties after separation shall be exclusively owned by the property who acquired it
7) 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 (However, either spouse may alienate in favor of the other his or her share in the property co-owned. But one can donate or waive any interest in the co-ownership that would constitute an indirect or direct grant of gratuitous advantage to the other which is void pursuant to Article 87)
8) When the only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

Persons and Family Relations (2 decks)

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