Property Relationship & Absolute Community of Property

Question 1

[a]
when two get married, they incur rights these are

Answer 1

1. personal rights & obligations
2. property rights & obligations

Question 2

> 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.

Question 3

what governs the property relationship of spouses

Answer 3

a. Marriage Settlement
b. Family Code
c. customs

Question 4

what is marriage settlement?

Answer 4

fixes the property relationship between the parties in consideration of their marriage

Question 5

requirements for a valid marriage settlement

Answer 5

1. must be in writing
2. signed by future spouses
3. before the marriage

note
notarization is not needed for a valid MS

Question 6

what happens if MS and marriage does not take place?

exc?

Answer 6

It will be void

there comes a child born out of wedlock

Question 7

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.

Answer 7

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.

Question 8

ACP (absolute community of property)

??

Answer 8

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

Question 9

if one party neglects his duties, what is the remedy?

wife went abroad, divorced husband and married with another

Answer 9

if person who filed divorce is a filipino citizen, it will not be recognized [Article 26 (2)] - check

Question 10

from what moment will the property regime start?

can MS take effect one month after marriage?

Answer 10

No, ACP will start the precise time the marriage was celebrated. (family code)

note
any agreement contrary is considered VOID

Question 11

what constitutes ACP?

ACP vs MS

Answer 11

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)

Question 12

Article 92 of FC exceptions to ACP

Answer 12

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

Question 13

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?

Answer 13

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

Question 14

husabnd is atty & wife is doctor.

X donates law library to doctor and does not specify if it is common. who owns?

Answer 14

the lawyer husband

Question 15

property acquired before marriage by a spouse previously married

fruits is considered as a separate property.

???

Answer 15

??

Question 16

presumption when property is acquired DURING marriage?

Answer 16

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.

Question 17

Section 3. Charges & Obligations of the Absolute Community

what property shall be liable for?

Answer 17

anything beneficial to the family is common property

Question 18

illegitimate child & mother, 2nd father marries.

is 2nd father obligated to support the illegitimate child?

Answer 18

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.

Question 19

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

Answer 19

(7) ante-nuptial (before marriage)

spouse makes a debt, but for the benefit of the family, will be chargeable against the common property

(8)

Question 20

Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property

who owns, administers, etc the community property?

Answer 20

both

[administration]
if they sell, they both have to sell.

Question 21

let’s say the other spouse left the conjugal home,

Question 22

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

Question 23

what is the effect if husband sells without consent of the wife?

Answer 23

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.

Question 24

can husband & wife donate property to each other?

Answer 24

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

Question 25

“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.

Question 26

when does COMMUNITY PROPERTY is dissolvedd?

Answer 26

when the marriage dissolves, so will the community property

1. death
2. anulled
   3 nullity, &
3. even legal separation

Question 27

when you say a spouse has abandoned?

Answer 27

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.

Question 28

dissolution puts a stop to the fmaily regime

liqduiation is payment of an obligation

Question 29

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?

Answer 29

separate property

becasuse money lost could have been used for the benefit of the family.

Question 30

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 ?

Answer 30

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.

Question 31

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