Regime of Separation of Property Flashcards
Separation of Property may refer to _______ or _______ or ______. It may be ____ or _______. In the latter case, the property not agreed upon as separate shall pertain to the __________. (Art 144 FC)
Art 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community.
In a regime of separation of property, shall the consent of the other spouse be required for the other spouse to encumber property?
No, the consent of the other spouse is not required in a regime of separation of property (in so far as the property to be encumbered, alienated, or disposed is separate and exclusive property).
Art. 145: Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property.
How shall the spouses manage family expenses in a regime of separation of property?
Art 146. Both spouses shall bear the family expenses in proportion to their income, or in case of insufficiency or default thereof, to the current market value of their separate properties.
The liability of the spouses to creditors for family expenses shall, however, be solidary.
How shall spouses manage family expenses if the other spouse does not have / has insufficient separate property?
In case of insufficiency or default of separate property, the current market value of their separate properties shall be bear the family expenses (Art 146 FC).
What is the exception to the Regime of Separation of Property?
Under Art 146 par 2 of the Family Code: The liability of the spouses to creditors for family expenses shall, however, be solidary.
What type of liabilities are solidarily shouldered by the spouses?
Liabilities for family expenses.
Under Art 146 par 2 FC: The liability of the spouses to creditors for family expenses shall, however, be solidary.
