Property Relations Flashcards
Under Art. 74 of the Family Code, what governs the property relations between the spouses, in order of priority (3)
- Marriage settlement
- Family Code
- Local customs
Rule as to what laws govern property relations under Art. 80 of the Family Code
General Rule: Property Relations are governed
by Philippine laws
Exceptions:
a. When there is a contrary stipulation in the marriage settlement
b. When both are aliens, even if married in the PH
c. As to extrinsic validity of contracts affecting property not situated in the Philippines
Requisites of a vaild marriage settlement (6)
- In Writing
- Signed by the parties
- Executed before the celebration of marriage
- To fix the terms and conditions of their property relations
- If the party executing the settlement is under Civil interdiction or any other disability, the guardian appointed by the court must be made a party to the settlement
- Registration
WSB - TCR - Writing, Signed, Before, Terms, Civil, Registration
Cases where a valid modification of a marriage settlement is proper: (3)
- Revival of property regime in case of reconciliation in legal separation proceedings (Art. 66-67)
- There is sufficient cause for judicial separation of property under Art. 135
- Spouses file for voluntary dissolution of property regime under Art. 136
Requisites for donations by reason of marriage under Art. 82 of the Family Code (3)
- Made Before the celebration of marriage
- In consideration of marriage
- In favor of one or both future spouses
BCF - Before, Consideration, Favor
Under Art. 84, what is the rule on donation propter nuptias between spouses?
General Rule: Future spouses cannot donate to
each other more than 1/5 of their present
property. Any excess shall be considered void
Exception: If they are governed by ACP
(because they own everything in common)
Grounds to revoke donation propter nuptias (7)
- Marriage without the needed parental Consent
- Marriage is Annulled and donee is in bad faith
- If it is with a Resolutory condition and the condition is complied with
- Marriage is Not celebrated
- Donee commits acts of Ingratitude
- Marriage is judicially declared Void Ab initio
- In Legal separation and donee is the guilty spouse
CARNIVAL - Consent, Annuled, Resolutory, Not, Ingratitude, Void, Legal
Under Art. 92, what are the exceptions/exclusions from community property? (4)
- Those indicated in the marriage settlement (not part of Art. 92)
- Property acquired during the marriage by gratuitous title plus its fruits and income, except when the donor, testator, or grantor expressly provides otherwise
- Property for personal use and exclusive use, except jewelry
- Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage and its fruits and income
SGPF - Settlement, Gratuitous, Personal, Former
What are the charges upon and obligations of the ACP (9)
- Support of spouses, their common children and legitimate children of either spouse
- Debts and obligations contracted during the marriage (by designated administrator-spouse, both spouses, one with consent of the other, either spouse without consent to the extent that it benefited the family)
- Taxes, liens, charges and expenses including major or minor repairs upon community property
- Taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse used by the family
- Expenses for professional or vocational course
- Ante-nuptial debts which redounded to the benefit of the family
- Donated or promised to common legitimate children for profession, vocational course or self-improvement
- Other ante-nuptial debts, support of illegitimate child, and liabilities for crime or quasi-delicts are chargeable against the separate properties of the spouses but may be advanced by the ACP in case of absence or insufficiency of the exclusive property of the debtor-spouse
- Expenses of litigation between spouses unless the suit is found to be groundless
SDR - PVA - DQL - Support, Debts, Repairs - Preservation, Vocational, Ante-nuptial, Donated, Quasi-delict, Litigation
Rule in adminstration, enjoyment, and dispostion of community property under Art. 96 of the FC
General rule: It shall belong to both spouses
jointly
Exception: In case of disagreement, husband prevails but wife can go to court for recourse within 5 years
In case of incapacity or inability to administer the community property, the other spouse may assume sole powers of administration, except disposition and encumbrance which requires authority from court or written consent of other spouse
Grounds for dissolution of the ACP under Art. 99 (4)
- Death of either spouse
- Decree of legal separation
- Marriage is annulled or nullified
- Judicial separation of property during the marriage
DSAJ - Death, Separation, Annulled, Judicial
The process for liquidation of the ACP (6)
- Inventory of all properties
- Debts of ACP are paid
- Remainder of sep. properties are returned to owner
- Net remainder of ACP is divided equally unless different proportion under marriage settlement or there has been a valid waiver
- Presumptive legitimes of children are delivered
- Adjudication of conjugal dwelling and custody of common children
Shall the rules on contract of partnership apply in a CPG?
Yes, it shall apply in all that is not in conflict with the marriage settlement and provisions of the FC on CPG
What are contributed by the spouses to the CPG? (3)
- Proceeds, products, fruits and income of separate properties of spouses
- Everything acquired by spouses through their efforts
- Everything acquired by spouses through chance
FEC - Fruits, Efforts, Chance
What constitutes the CPG under Art. 117? (7)
- Fruits of conjugal property
- Those acquired through occupation
- Livestock in excess of what was brought to the marriage
- Those acquired by onerous title during the marriage with conjugal funds
- Share in hidden treasure
- Those obtained from labor, industry, work, or profession of either or both spouse
- Those acquired by chance
FOLCHIC - Fruits, Occupation, Livestock, Conjugal, Hidden, Industry, Chance
Exclusive property in CPG Under Art. 109 (4)
- Brought into marriage as his or her own
- Acquired during the marriage gratuitously
- That acquired by redemption, barter or exchange with exclusive property
- Puchased with exclusive money
BGRE - Brought, Gratuitous, Redemption, Exclusive
Rule on installment purchases where paid partly from exclusive and partly conjugal funds under Art. 118
If full ownership vested before the marriage - Belong to the buyer/s
If full ownership vested after the marriage - Belongs to the conjugal partnership
Subject to reimbursement
Rule on credits in installment brought into the marriage under Art. 119
Sums collected as principal - belongs to spouse
Sums collected as interest - belongs to conjugal partnership
Rules on cases of improvement of exclusive property under Art. 120 (3)
- Cost of improvement by conjugal partnership + any increase in market value as a result of such improvement >the market value of the exclusive property prior to improvement = conjugal
If <MV of exclusive property prior to improvement = exclusive
If = MV of exclusive property prior to improvement = exclusive
What are the charges upon the CPG?
Same as that under ACP, except that under taxes and expenses for preservation of separate property of either spouse during the marriage, the property need not be used by the family
Liquidation of CPG under Art. 129 (9)
- Inventory of all property
- Amounts advanced by CP
- Reimbursemenet of exclusive funds
- Debts of CP are paid
- Remains of exclusive property are returned
- Indemnify loss of deterioration of movables belonging to either spouse used for the benefit of family
- Net remainder of conjugal is divided
- Delivery of presumptive legitimes
- Adjudication of conjugal dwelling and custody of children
In separation of property, what is the rule on family expenses?
Bear them in proportion to their income, or if insufficient, current market value of their separate properties. They shall be solidarily liable
Grounds for transfer of administration of exclusive property of either spouse under Art. 142 (4)
- One spouse becomes guardian of another
- Judicially declared absent
- Penalized with Civil interdiction
- One spouse becomes fugitive from justice or is hiding as an accused in a criminal case
GACA - Guardian, Absent, Civil, Accused
Rule on voluntary judicial separation of property under Art. 136
Spouses may jointly file a VERIFIED petition with the court
