Property Relationships in Marriage Law
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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?

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

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

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

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

<p>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.</p> Signup and view all the answers

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

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

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

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

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

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

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

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

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

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

What constitutes community property according to Article 91?

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

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

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

Can spouses waive their rights to community property during marriage?

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

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

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

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

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

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

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

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

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

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

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

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

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

How are community property donations regulated between spouses?

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

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

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

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

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

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

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

Flashcards

Absolute Community of Property

A system where all property acquired by spouses during marriage is jointly owned and shared equally.

Gratuitous Gifts between Spouses

Gifts between married couples during marriage, except for moderate gifts during celebrations, are void.

Community Property Start Time

Spouses' community property ownership starts immediately upon marriage, not at a later date.

Waiver of Community Rights

Rights and property within the community, can only be surrendered during a formal separation of properties, or after the marriage is dissolved or annulled.

Signup and view all the flashcards

Community Property Exclusion (Gratuitous)

Gifts and inheritances received during marriage by one spouse aren't considered part of community property.

Signup and view all the flashcards

Property Exclusion (Personal Use)

Items for personal use (not jewelry), aren't included in a community property system.

Signup and view all the flashcards

Community Property Composition

Community property is all property owned or acquired during the marriage, except items specifically excluded by law.

Signup and view all the flashcards

Property Acquisition Before Marriage

Property owned by a spouse before the marriage, or by a spouse with legitimate children (not part of the community), is excluded from joint ownership.

Signup and view all the flashcards

Community Property Rules

Rules determining how property is owned and managed during a marriage and after it ends.

Signup and view all the flashcards

Gambling Losses

Losses from gambling are the loser's responsibility, not the community.

Signup and view all the flashcards

Community Property Administration

Both spouses jointly manage community property. If they disagree, the husband's decision prevails (with court option for wife).

Signup and view all the flashcards

Spouse Incapacitation

If one spouse is unable to manage, the other can take over full control, but major decisions need court or written consent.

Signup and view all the flashcards

Disposal of Property

Major property changes (selling, mortgaging) require court consent or written agreement of both spouses. Otherwise, the transaction is void but a contract offer.

Signup and view all the flashcards

Will Disposition

Each spouse can leave their portion of community property through a will.

Signup and view all the flashcards

Community Property Donations

Donations of community property require joint consent, except for moderate donations to charity or in family emergencies by either spouse.

Signup and view all the flashcards

Community Property Dissolution

Community property ends upon death, legal separation, annulment, or judicial separation of property.

Signup and view all the flashcards

Spouse Leaving Home

If a spouse leaves the conjugal home without a valid reason, they lose the right to be supported by the other spouse.

Signup and view all the flashcards

Consent for Transactions

When one spouse needs the other spouse's legal consent for a transaction, they must obtain judicial authorization through a summary proceeding.

Signup and view all the flashcards

Separate Property Liability

If community property proves insufficient, both spouses' separate properties are jointly liable for family support.

Signup and view all the flashcards

Spouse Administering Property

The spouse present in the home can petition the court to manage or encumber the absent spouse's separate property to cover family expenses.

Signup and view all the flashcards

Spouse Abandonment

If a spouse abandons the other without just cause, the abandoned spouse can petition for receivership, property separation, or sole management of the community.

Signup and view all the flashcards

What counts as abandonment?

A spouse is considered abandoned when they leave the shared dwelling without intending to return.

Signup and view all the flashcards

Presumption of Abandonment

A spouse who leaves the conjugal dwelling for 3 months or provides no information about their whereabouts is presumed to have no intention of returning.

Signup and view all the flashcards

Dissolution of Community Property

Upon dissolution of the community property regime, an inventory is prepared, debts are paid, and remaining properties are divided.

Signup and view all the flashcards

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

FAMCODE.pdf PDF

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.

More Like This

Quiz
11 questions

Quiz

LucrativeToucan avatar
LucrativeToucan
Nullity of Marriage Quiz
10 questions

Nullity of Marriage Quiz

IndebtedRoseQuartz avatar
IndebtedRoseQuartz
Marriage in Community of Property Quiz
40 questions

Marriage in Community of Property Quiz

ImmaculateTulip avatar
ImmaculateTulip
Lezione 13 (Rapporti personali tra coniugi (1)) - Slide
21 questions

Lezione 13 (Rapporti personali tra coniugi (1)) - Slide

FamedAbstractArt avatar
FamedAbstractArt
Use Quizgecko on...
Browser
Open
Browser
Browser