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The net profits subject to forfeiture are calculated based on the difference between the market value of the community property at the time of the marriage and its market value at the time of dissolution.
The net profits subject to forfeiture are calculated based on the difference between the market value of the community property at the time of the marriage and its market value at the time of dissolution.
True (A)
The spouses can agree in the marriage settlements to divide the net assets of the absolute community in a proportion different from 50/50.
The spouses can agree in the marriage settlements to divide the net assets of the absolute community in a proportion different from 50/50.
True (A)
The provisions of this Chapter apply only to conjugal partnerships of gains established after the effective date of this Code.
The provisions of this Chapter apply only to conjugal partnerships of gains established after the effective date of this Code.
False (B)
The presumptive legitimes of common children are distributed upon partition, following the rules outlined in Article 51.
The presumptive legitimes of common children are distributed upon partition, following the rules outlined in Article 51.
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The exclusive properties of the spouses are divided equally between them after the dissolution of the absolute community.
The exclusive properties of the spouses are divided equally between them after the dissolution of the absolute community.
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The duration of the marriage is a factor considered when dividing the net assets of the absolute community.
The duration of the marriage is a factor considered when dividing the net assets of the absolute community.
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The provisions of this chapter are only applicable if the spouses explicitly agree that a regime of conjugal partnership gains shall govern their property relations during marriage.
The provisions of this chapter are only applicable if the spouses explicitly agree that a regime of conjugal partnership gains shall govern their property relations during marriage.
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The net remainder of the properties of the absolute community is always divided equally between the husband and wife, regardless of any agreement or waiver in the marriage settlements.
The net remainder of the properties of the absolute community is always divided equally between the husband and wife, regardless of any agreement or waiver in the marriage settlements.
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A husband's decision in a disagreement always prevails over the wife's opinion.
A husband's decision in a disagreement always prevails over the wife's opinion.
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Expenses incurred for the preservation of the separate property of either spouse are considered conjugal partnership liabilities.
Expenses incurred for the preservation of the separate property of either spouse are considered conjugal partnership liabilities.
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A spouse can pursue educational expenses for self-improvement without the consent of the other spouse.
A spouse can pursue educational expenses for self-improvement without the consent of the other spouse.
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Ante-nuptial debts of either spouse are only considered conjugal partnership liabilities if they benefitted the family.
Ante-nuptial debts of either spouse are only considered conjugal partnership liabilities if they benefitted the family.
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Expenses for a child's professional or vocational training are not considered conjugal partnership liabilities.
Expenses for a child's professional or vocational training are not considered conjugal partnership liabilities.
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Legal expenses incurred during a divorce are always considered conjugal partnership liabilities.
Legal expenses incurred during a divorce are always considered conjugal partnership liabilities.
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If the conjugal partnership is insufficient to cover liabilities, both spouses are equally responsible for the remaining debt.
If the conjugal partnership is insufficient to cover liabilities, both spouses are equally responsible for the remaining debt.
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A spouse can dispose of conjugal partnership property without the consent of the other spouse.
A spouse can dispose of conjugal partnership property without the consent of the other spouse.
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If one spouse loses money in gambling permitted by law, the losing spouse is responsible for the debt.
If one spouse loses money in gambling permitted by law, the losing spouse is responsible for the debt.
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In the absence of sufficient conjugal partnership property, the spouses' individual assets are not responsible for the family's financial obligations.
In the absence of sufficient conjugal partnership property, the spouses' individual assets are not responsible for the family's financial obligations.
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One spouse can unilaterally administer or encumber the other spouse's separate property without judicial authorization.
One spouse can unilaterally administer or encumber the other spouse's separate property without judicial authorization.
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A spouse who abandons the other without just cause has the right to petition the court for support.
A spouse who abandons the other without just cause has the right to petition the court for support.
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If a spouse fails to fulfill their family obligations, the other spouse can only petition the court for support if the failure is without just cause.
If a spouse fails to fulfill their family obligations, the other spouse can only petition the court for support if the failure is without just cause.
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The loss of movables used for the family's benefit, even due to a fortuitous event, is always borne by the spouse who owns the movables.
The loss of movables used for the family's benefit, even due to a fortuitous event, is always borne by the spouse who owns the movables.
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The profits from the conjugal partnership properties are always divided equally between the spouses.
The profits from the conjugal partnership properties are always divided equally between the spouses.
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The text explicitly addresses situations where a spouse is legally prohibited from giving consent to their spouse's transactions.
The text explicitly addresses situations where a spouse is legally prohibited from giving consent to their spouse's transactions.
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If the cohabitation is terminated, the property of one of the parties may be forfeited.
If the cohabitation is terminated, the property of one of the parties may be forfeited.
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In cases of cohabitation not falling under Article 147, only the properties jointly acquired are owned in common.
In cases of cohabitation not falling under Article 147, only the properties jointly acquired are owned in common.
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When a party is validly married to another during a cohabitation, their share of the property accrues to the conjugal partnership of the valid marriage.
When a party is validly married to another during a cohabitation, their share of the property accrues to the conjugal partnership of the valid marriage.
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When both parties in a cohabitation are in bad faith, the rules on forfeiture do not apply.
When both parties in a cohabitation are in bad faith, the rules on forfeiture do not apply.
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Separation of property may only refer to future property.
Separation of property may only refer to future property.
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If one of the spouses does not have enough income to cover family expenses, they are not required to contribute towards those expenses.
If one of the spouses does not have enough income to cover family expenses, they are not required to contribute towards those expenses.
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Each spouse in a marriage can manage their own personal property without the consent of the other.
Each spouse in a marriage can manage their own personal property without the consent of the other.
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Any income earned during a marriage from a spouse's separate property, regardless of the source, is considered part of the separate estate.
Any income earned during a marriage from a spouse's separate property, regardless of the source, is considered part of the separate estate.
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The property that each spouse brings to the marriage is considered part of the community property.
The property that each spouse brings to the marriage is considered part of the community property.
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Any winnings from gambling or betting are considered community property.
Any winnings from gambling or betting are considered community property.
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If the liquidation of community properties is carried out simultaneously, the respective capital, fruits, and income of each community must be determined according to the rules of evidence.
If the liquidation of community properties is carried out simultaneously, the respective capital, fruits, and income of each community must be determined according to the rules of evidence.
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The spouses retain the ownership, possession, administration, and enjoyment of their exclusive property.
The spouses retain the ownership, possession, administration, and enjoyment of their exclusive property.
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Items acquired by right of redemption, barter, or exchange with property belonging solely to one spouse are considered exclusive property.
Items acquired by right of redemption, barter, or exchange with property belonging solely to one spouse are considered exclusive property.
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The term "exclusive property" refers to items acquired by the spouses during the marriage, for example, items purchased with the money of one spouse.
The term "exclusive property" refers to items acquired by the spouses during the marriage, for example, items purchased with the money of one spouse.
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The text states that a regime of complete separation of property is mandatory for the subsequent marriage of a surviving spouse if they do not follow the required steps for the dissolution of the marriage.
The text states that a regime of complete separation of property is mandatory for the subsequent marriage of a surviving spouse if they do not follow the required steps for the dissolution of the marriage.
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If a spouse wants to transfer the administration of their exclusive property to the other spouse during marriage, the transfer must be documented with a public instrument and recorded in the registry of property.
If a spouse wants to transfer the administration of their exclusive property to the other spouse during marriage, the transfer must be documented with a public instrument and recorded in the registry of property.
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Children below the age of seven years are deemed to have chosen the father, unless the court has decided otherwise.
Children below the age of seven years are deemed to have chosen the father, unless the court has decided otherwise.
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The net gains or benefits obtained by either spouse are always divided equally, regardless of marriage settlements.
The net gains or benefits obtained by either spouse are always divided equally, regardless of marriage settlements.
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The surviving spouse must liquidate the community property within one year from the death of the deceased spouse.
The surviving spouse must liquidate the community property within one year from the death of the deceased spouse.
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If the parties do not agree on the partition of properties, the court will always divide the properties equally.
If the parties do not agree on the partition of properties, the court will always divide the properties equally.
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The exclusive property of each spouse includes the property acquired through their individual efforts.
The exclusive property of each spouse includes the property acquired through their individual efforts.
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In the event of a divorce, all community properties are automatically adjudicated to the husband.
In the event of a divorce, all community properties are automatically adjudicated to the husband.
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The community property of a terminated marriage must be liquidated within six months of the spouse's death.
The community property of a terminated marriage must be liquidated within six months of the spouse's death.
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The husband has the final say in matters concerning the conjugate partnership property regardless of the wife's opinion.
The husband has the final say in matters concerning the conjugate partnership property regardless of the wife's opinion.
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Study Notes
Property Relations Between Husband and Wife
- The property relationship between spouses is governed by:
- Marriage settlements (prior to marriage)
- Provisions of the code
- Local custom
- Future spouses can agree on a regime of:
- Absolute community
- Conjugal partnership of gains
- Complete separation of property
- Any other regime
- Modifications to marriage settlements must be made before the marriage, and be in writing, signed by the parties, and executed before the marriage.
Donations by Reason of Marriage
- Donations made before the marriage are considered donations by reason of marriage.
- These donations are governed by the rules on ordinary donations, unless otherwise specified.
- Future spouses cannot donate to each other more than 1/5th of their current property if they opt for a regime other than absolute community.
Absolute Community of Property
- Absolute community of property begins at the time of marriage.
- Includes all property owned by spouses at the time of marriage or subsequently acquired.
- Exclusions from community property:
- Property acquired gratuitously by one spouse during marriage, unless expressly stated by the donor.
- Personal property for exclusive use of either spouse (except jewelry).
- Property acquired before marriage by one spouse with legitimate children from a previous marriage.
- The community is liable for:
- Spousal support
- Support of legitimate children
- Debts and obligations contracted during marriage by either or both spouses.
- Community property is subject to co-ownership rules.
- One spouse can manage, but not dispose of community property without the other spouse's consent or court authorization.
Dissolution of Absolute Community
- The absolute community terminates upon death of either spouse, legal separation, annulment of marriage, or judicial separation of property.
- The spouse who abandons the conjugal home without just cause does not have the right to support
- If a spouse is incapacitated or unable to participate in management, the other spouse takes over management, but cannot dispose without consent or court authorization
Conjugal Partnership of Gains
- The regime of conjugal partnership of gains supplements rules in this chapter.
- Includes joint assets of their earnings and efforts.
- Property acquired gratuitously during or before marriage are excluded.
- The partner's separate property and income are not considered in the partnership, unless their property or funds help make the partnership assets.
- The partnership is governed by co-ownership rules, with one partner presiding in the event of disagreement, subject to court action by the other spouse
- The partnership terminates under the same conditions as the absolute community.
- Property acquired by one spouse during the marriage and from their professional or business activities or by lottery prizes or earnings is considered a partnership asset.
Separation of Property
- Separation of property only applies by judicial order (voluntary or for cause).
- Causes for judicial separation include:
- Civil interdiction sentence of a spouse
- Declared absentee
- Lost parental authority
- Abandonment or failure to fulfill family obligations
- Abuse of administration power granted in the marriage settlements
- Fact separation of at least a year with no hope of reconciliation.
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Description
Explore the intricate property relations between spouses, including marriage settlements, community property regimes, and the rules governing donations by reason of marriage. This quiz will enhance your understanding of how property is managed within the marital framework.
