Property Relationship & Absolute Community of Property Flashcards
UC Online Review
[a]
when two get married, they incur rights these are
- personal rights & obligations
- property rights & obligations
> personal obligation>render mutual help & support
ex. if husband earns less or has no money, wife has an obligation to give support.
however, wife is free to engage in business without consent but husband may object on [vsm] valid, serious, moral grounds.
what governs the property relationship of spouses
a. Marriage Settlement
b. Family Code
c. customs
what is marriage settlement?
fixes the property relationship between the parties in consideration of their marriage
requirements for a valid marriage settlement
- must be in writing
- signed by future spouses
- before the marriage
note
notarization is not needed for a valid MS
what happens if MS and marriage does not take place?
exc?
It will be void
there comes a child born out of wedlock
ex. donation of parcel of land in a MS and it will not push thru
[b]
what if it was made in a separate document, not in the MS.
donation is considered void by operation by law
[b]
it is a revocABLE donation if the marriage won’t push thru. Donor must file an action to revoke, if not, the donation will push thru.
ACP (absolute community of property)
??
properties owned BEFORE marriage, will be brought to the marriage and becomes mutually owned
[b]
properties owned BEFORE, will continue to be separately owned property
if one party neglects his duties, what is the remedy?
wife went abroad, divorced husband and married with another
if person who filed divorce is a filipino citizen, it will not be recognized [Article 26 (2)] - check
from what moment will the property regime start?
can MS take effect one month after marriage?
No, ACP will start the precise time the marriage was celebrated. (family code)
note
any agreement contrary is considered VOID
what constitutes ACP?
ACP vs MS
ALL properties brought to the marriage (owned by each spouse) will become common property exc when excluded by family code & property acquired during the marriage (provided by Article 92 FC)
Article 92 of FC exceptions to ACP
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
(3) Property acquired before the 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
A and B married through ACP. X donated property to A. consisted of condominium with a monthly rental or fruits of 15,000.00
is the condominium unit a common or separate?
If donation states that it will be common property, it will be common however if it does not specify, then it will be a separate property of A.
Not just the condominium but also the rentals or fruits.
note
respect the wishes of the donor or grantor
husabnd is atty & wife is doctor.
X donates law library to doctor and does not specify if it is common. who owns?
the lawyer husband
property acquired before marriage by a spouse previously married
fruits is considered as a separate property.
???
??
presumption when property is acquired DURING marriage?
presumption is, it is COMMON.
however acquired during but by gratuitous title, if it does not specificy between the 2, then it is common. it is separate unless otherwise stated.
Section 3. Charges & Obligations of the Absolute Community
what property shall be liable for?
anything beneficial to the family is common property
illegitimate child & mother, 2nd father marries.
is 2nd father obligated to support the illegitimate child?
No, the one obligated is the 1st father. Property is separate in this case
however, if the mother has no property, the 2nd father is obligated to support but the mother will reimburse
so, bali ang mo answer for support is the property ni wife na SEPARATE. But, if ever walay property is wife, pwede ang common property ni wife ug new husband pa answeron, but dapat i reimburse ni wife ang common property once maka acquire na sha ug additional separate properties puhon.
92 > (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;
ex. conjugal partnership, property own before marriage continues to be your own
they benefit from the use of the property.
i
(7) ante-nuptial (before marriage)
spouse makes a debt, but for the benefit of the family, will be chargeable against the common property
(8)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property
who owns, administers, etc the community property?
both
[administration]
if they sell, they both have to sell.
what is the effect in the acts of ownership (selling, mortgaging)
it is an ownership act because the property may be lost.
in this case, consent must be acquired but if the spouse is not there, spouse can acquier judicial authority
what is the effect if husband sells without consent of the wife?
law provides, it is VOID (lack of consent)
[Dean]
It is UNFORCEABLE such that when the other spouse signs, it then becomes valid. the reasoning here is that a void contract cannot be ratified.
can husband & wife donate property to each other?
No (Art. 98)
Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress
“Donations by Reason of Marriage”
before the marriage, can the future spouse donate to the wife? yes, if it is ACP, no limit to donation
if it is for Property Regime, what is allowed is 1/5th, any excess is VOID.
when does COMMUNITY PROPERTY is dissolvedd?
when the marriage dissolves, so will the community property
- death
- anulled
3 nullity, & - even legal separation
when you say a spouse has abandoned?
3 months and does not know where he is
A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period 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.
dissolution puts a stop to the fmaily regime
liqduiation is payment of an obligation
gambling is a game of chance
whereas betting in basketball is not a game of chance but of game of skill.
losses from game of chance or skill, it is what kind of property?
separate property
becasuse money lost could have been used for the benefit of the family.
PROPERTIES ACQUIRED DURING MARRIAGE
ex. during marriage, you bought property by installment, the other spouse dies but the installment hasn’t finished and then you marry again.
who is the owner? first or second marriage ?
the question here is “when was ownership acquired?”
if ownership acquired during first, then ownership is of the first marriage.
in this case, ownership will transfer after full payment.
A & B wanted to get married. BEfore they got married, they executed a marriage settlement saying they will not adopt ACP. However, they did not mention what property regime they wanted to adopt
answer: you have to judge the intention of the sps. thru their contemporaneous & subsequent acts. it is clear that they do not want the ACP. the most probable will be the CPG
