Property Relationships in Marriage Law

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Questions and Answers

What consequence does a spouse face if they leave the conjugal home without just cause?

They forfeit the right to be supported by their spouse.

What must a spouse do to legally manage the separate property of the other during their absence?

They must obtain judicial authorization through a summary proceeding.

When is a spouse presumed to have abandoned the other according to the law?

When they leave the conjugal dwelling for three months without any communication.

What steps must be taken upon the dissolution of the absolute community regime?

An inventory of properties must be prepared, listing all community and exclusive properties. Signup and view all the answers

How are debts of the absolute community handled during its dissolution?

They are paid out of its assets, with spouses solidarily liable for any unpaid balance. Signup and view all the answers

What is the difference between conjugal property and absolute community in marriage?

Conjugal property refers to jointly acquired assets during the marriage, while absolute community includes all property owned by both spouses, regardless of when it was acquired. Signup and view all the answers

What remedies are available to an aggrieved spouse in case of abandonment?

They may petition for receivership, judicial separation of property, or sole administration of the community. Signup and view all the answers

What obligations are referenced when discussing a spouse's failure to comply in family relations?

These include marital, parental, or property relations obligations. Signup and view all the answers

What is the significance of moderate gifts between spouses during marriage according to the content?

Moderate gifts given between spouses on occasions of family rejoicing are permitted, whereas other gratuitous advantages are void. Signup and view all the answers

At what point does the absolute community of property between spouses legally commence?

The absolute community of property commences at the moment the marriage is celebrated. Signup and view all the answers

What conditions must be met for a waiver of rights in the absolute community property during marriage?

A waiver can only occur in the case of judicial separation of property and must be recorded in a public instrument. Signup and view all the answers

What constitutes community property according to Article 91?

Community property consists of all property owned by the spouses at marriage celebration or acquired thereafter. Signup and view all the answers

Which types of property are excluded from community property as per Article 92?

Property acquired by gratuitous title, personal-use property, and property owned prior to marriage by a spouse with legitimate descendants are excluded. Signup and view all the answers

Can spouses waive their rights to community property during marriage?

No, spouses cannot waive their rights to community property during marriage except under judicial separation circumstances. Signup and view all the answers

What is the difference between conjugal property and absolute community of property?

Conjugal property refers to property acquired jointly during marriage, while absolute community encompasses all property owned by spouses at marriage or acquired thereafter. Signup and view all the answers

What are the implications of judicial separation of property for community rights?

Judicial separation allows for the waiver of community property rights, subject to legal formalities. Signup and view all the answers

What are the grounds for the termination of the absolute community property regime?

The absolute community terminates upon the death of either spouse, legal separation, annulment, or judicial separation of property. Signup and view all the answers

What must a spouse do if there is a disagreement regarding the administration of community property?

In case of disagreement, the husband's decision prevails, but the wife can seek court recourse within five years. Signup and view all the answers

How can one spouse dispose of their interest in community property after death?

Either spouse may dispose of their interest in community property by will. Signup and view all the answers

What does 'judicial separation of property' entail during a marriage?

Judicial separation of property involves a court’s decree to separate the properties of the spouses under Articles 134 to 138. Signup and view all the answers

How are community property donations regulated between spouses?

Neither spouse may donate community property without the consent of the other, except for moderate donations for charity or family reasons. Signup and view all the answers

What happens to winnings acquired through gambling in terms of community property?

Winnings from gambling become part of the community property, while losses are borne by the individual loser. Signup and view all the answers

What are the implications of the incapacity of one spouse in the administration of community property?

If one spouse is incapacitated, the other can assume sole administration powers but cannot dispose of property without court authority or consent. Signup and view all the answers

What is the key difference between conjugal property and absolute community property?

Conjugal property includes only property acquired during the marriage, while absolute community property encompasses all properties acquired before and during the marriage. Signup and view all the answers

Study Notes

Property Relationships Between Spouses

Spousal property relationships governed by order: marriage settlements, Code provisions, and local custom
Future spouses can agree on property regimes (absolute community, conjugal partnership of gains, complete separation, etc.) in marriage settlements
Absence of settlement, or invalid settlement, results in the Code's absolute community regime
Valid marriage settlement modifications must be made before marriage, in writing, and registered

Marriage Settlements

Minor's marriage settlements only valid with consent of designated parties (Article 14)
Valid marriage settlements require guardian's participation if individual is under disability

Donations by Reason of Marriage

Donations made before marriage, in favor of future spouses
Governed by ordinary donation rules (Title III, Book III of Civil Code), unless modified
Future spouses cannot donate more than 1/5 of their present property to each other in their marriage settlements

Dissolution of Property Regimes

Absolute Community terminates upon death, legal separation, annulment of marriage, or declaration as void
Absolute Community, separation in fact does not affect the regime, except in certain situations

Liquidation of Property Regimes on Dissolution

Inventory of properties is required
Debts and obligations of the property regime are paid first from its assets
Remaining exclusive properties are returned to spouses
Net remaining assets are divided equally between spouses unless other provisions stated in the marriage settlements.
The presumptive legitime of common children is to be delivered upon partition

Conjugal Partnership of Gains

Properties acquired during marriage by joint effort, through chance, or from gifts, become part of the partnership
Both spouses share equally in net gains or benefits after the dissolution of the marriage
The rules, not in conflict with this chapter, govern the conjugal partnership
Exclusive properties of each spouse (property brought into the marriage; property gained through gifts; acquired through right of redemption, barter or exchange; bought using the exclusive money of a spouse)
Either spouse has administration rights of their respective exclusive properties; may transfer to other(s) by document.

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Description

Explore the intricacies of spousal property relationships, including marriage settlements, donations, and applicable Code provisions. Understand how various regimes like absolute community and conjugal partnership affect future spouses, and the roles of guardians in minor marriages. This quiz covers essential concepts for anyone studying family law.