Family Code Property Relations (Art. 74-148) PDF

TITLE IV (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the...

TITLE IV (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE property is located; and Chapter 1. General Provisions (3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose Art. 74. The property relationship between husband and wife shall be governed laws require different formalities for its extrinsic validity. (124a) in the following order: Art. 81. Everything stipulated in the settlements or contracts referred to in the (1) By marriage settlements executed before the marriage; preceding articles in consideration of a future marriage, including donations (2) By the provisions of this Code; and between the prospective spouses made therein, shall be rendered void if the (3) By the local custom. (118) marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. (125a) Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation Chapter 2. Donations by Reason of Marriage of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as Art. 82. Donations by reason of marriage are those which are made before its established in this Code shall govern. (119a) celebration, in consideration of the same, and in favor of one or both of the future spouses. (126) Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions Art. 83. These donations are governed by the rules on ordinary donations of Articles 66, 67, 128, 135 and 136. (121) established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a) Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. Art. 84. If the future spouses agree upon a regime other than the absolute They shall not prejudice third persons unless they are registered in the local civil community of property, they cannot donate to each other in their marriage registry where the marriage contract is recorded as well as in the proper registries settlements more than one-fifth of their present property. Any excess shall be of properties. (122a) considered void. Art. 78. A minor who according to law may contract marriage may also execute Donations of future property shall be governed by the provisions on testamentary his or her marriage settlements, but they shall be valid only if the persons succession and the formalities of wills. (130a) designated in Article 14 to give consent to the marriage are made parties to the Art. 85. Donations by reason of marriage of property subject to encumbrances agreement, subject to the provisions of Title IX of this Code. (120a) shall be valid. In case of foreclosure of the encumbrance and the property is sold Art. 79. For the validity of any marriage settlement executed by a person upon for less than the total amount of the obligation secured, the donee shall not be whom a sentence of civil interdiction has been pronounced or who is subject to liable for the deficiency. If the property is sold for more than the total amount of any other disability, it shall be indispensable for the guardian appointed by a said obligation, the donee shall be entitled to the excess. (131a) competent court to be made a party thereto. (123a) Art. 86. A donation by reason of marriage may be revoked by the donor in the Art. 80. In the absence of a contrary stipulation in a marriage settlement, the following cases: property relations of the spouses shall be governed by Philippine laws, regardless (1) If the marriage is not celebrated or judicially declared void ab initio of the place of the celebration of the marriage and their residence. except donations made in the marriage settlements, which shall be This rule shall not apply: governed by Article 81; (2) When the marriage takes place without the consent of the parents or (1) Where both spouses are aliens; guardian, as required by law;  (3) When the marriage is annulled, and the donee acted in bad faith; expressly provided by the donor, testator or grantor that they shall form (4) Upon legal separation, the donee being the guilty spouse; part of the community property; (5) If it is with a resolutory condition and the condition is complied with; (2) Property for personal and exclusive use of either spouse. However, (6) When the donee has committed an act of ingratitude as specified by the jewelry shall form part of the community property; provisions of the Civil Code on donations in general. (132a) (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, the income, if any, of such property. (201a) between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. Art. 93. Property acquired during the marriage is presumed to belong to the The prohibition shall also apply to persons living together as husband and wife community, unless it is proved that it is one of those excluded therefrom. (160) without a valid marriage. (133a) Section 3. Charges and Obligations of the Absolute Community Chapter 3. System of Absolute Community Art. 94. The absolute community of property shall be liable for: Section 1. General Provisions (1) The support of the spouses, their common children, and legitimate Art. 88. The absolute community of property between spouses shall commence at children of either spouse; however, the support of illegitimate children the precise moment that the marriage is celebrated. Any stipulation, express or shall be governed by the provisions of this Code on Support; implied, for the commencement of the community regime at any other time shall (2) All debts and obligations contracted during the marriage by the be void. (145a) designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other; Art. 89. No waiver of rights, shares and effects of the absolute community of (3) Debts and obligations contracted by either spouse without the consent of property during the marriage can be made except in case of judicial separation of the other to the extent that the family may have been benefited; property. (4) All taxes, liens, charges and expenses, including major or minor repairs, When the waiver takes place upon a judicial separation of property, or after the upon the community property; marriage has been dissolved or annulled, the same shall appear in a public (5) All taxes and expenses for mere preservation made during marriage instrument and shall be recorded as provided in Article 77. The creditors of the upon the separate property of either spouse used by the family; spouse who made such waiver may petition the court to rescind the waiver to the (6) Expenses to enable either spouse to commence or complete a professional extent of the amount sufficient to cover the amount of their credits. (146a) or vocational course, or other activity for self-improvement; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the Art. 90. The provisions on co-ownership shall apply to the absolute community of benefit of the family; property between the spouses in all matters not provided for in this Chapter. (n) (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or Section 2. What Constitutes Community Property completing a professional or vocational course or other activity for self- Art. 91. Unless otherwise provided in this Chapter or in the marriage improvement; settlements, the community property shall consist of all the property owned by (9) Ante-nuptial debts of either spouse other than those falling under the spouses at the time of the celebration of the marriage or acquired thereafter. paragraph (7) of this Article, the support of illegitimate children of either (197a) spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property Art. 92. The following shall be excluded from the community property: of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon (1) Property acquired during the marriage by gratuitous title by either liquidation of the community; and spouse, and the fruits as well as the income thereof, if any, unless it is  (10) Expenses of litigation between the spouses unless the suit is found to be (1) Upon the death of either spouse; groundless. (2) When there is a decree of legal separation; (3) When the marriage is annulled or declared void; or If the community property is insufficient to cover the foregoing liabilities, except (4) In case of judicial separation of property during the marriage under those falling under paragraph (9), the spouses shall be solidarily liable for the Articles 134 to 138. (175a) unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a) Art. 100. The separation in fact between husband and wife shall not affect the Art. 95. Whatever may be lost during the marriage in any game of chance, regime of absolute community except that: betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the (1) The spouse who leaves the conjugal home or refuses to live therein, community but any winnings therefrom shall form part of the community without just cause, shall not have the right to be supported; property. (164a) (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary Section 4. Ownership, Administrative, Enjoyment and Disposition of the proceeding; Community Property (3) In the absence of sufficient community property, the separate property Art. 96. The administration and enjoyment of the community property shall of both spouses shall be solidarily liable for the support of the family. The belong to both spouses jointly. In case of disagreement, the husband’s decision spouse present shall, upon proper petition in a summary proceeding, be shall prevail, subject to recourse to the court by the wife for proper remedy, which given judicial authority to administer or encumber any specific separate must be availed of within five years from the date of the contract implementing property of the other spouse and use the fruits or proceeds thereof to such decision. satisfy the latter’s share. (178a) In the event that one spouse is incapacitated or otherwise unable to participate Art. 101. If a spouse without just cause abandons the other or fails to comply with in the administration of the common properties, the other spouse may assume his or her obligations to the family, the aggrieved spouse may petition the court sole powers of administration. These powers do not include disposition or for receivership, for judicial separation of property or for authority to be the sole encumbrance without authority of the court or the written consent of the other administrator of the absolute community, subject to such precautionary spouse. In the absence of such authority or consent, the disposition or conditions as the court may impose. encumbrance shall be void. However, the transaction shall be construed as a The obligations to the family mentioned in the preceding paragraph refer to continuing offer on the part of the consenting spouse and the third person, and marital, parental or property relations. may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both A spouse is deemed to have abandoned the other when her or she has left the offerors. (206a) 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 Art. 97. Either spouse may dispose by will of his or her interest in the community to give any information as to his or her whereabouts shall be prima facie property. (n) presumed to have no intention of returning to the conjugal dwelling. (178a) Art. 98. Neither spouse may donate any community property without the consent Section 6. Liquidation of the Absolute Community Assets and Liabilities 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 Art. 102. Upon dissolution of the absolute community regime, the following family rejoicing or family distress. (n) procedure shall apply: Section 5. Dissolution of Absolute Community Regime (1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse. Art. 99. The absolute community terminates: (2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be  solidarily liable for the unpaid balance with their separate properties in properties belong, the same shall be divided between the different communities accordance with the provisions of the second paragraph of Article 94. in proportion to the capital and duration of each. (189a) (3) Whatever remains of the exclusive properties of the spouses shall Chapter 4. Conjugal Partnership of Gains thereafter be delivered to each of them. (4) The net remainder of the properties of the absolute community shall Section 1. General Provisions constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the Art. 105. In case the future spouses agree in the marriage settlements that the marriage settlements, or unless there has been a voluntary waiver of regime of conjugal partnership gains shall govern their property relations during such share provided in this Code. For purpose of computing the net marriage, the provisions in this Chapter shall be of supplementary application. profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, The provisions of this Chapter shall also apply to conjugal partnerships of gains No. (2), the said profits shall be the increase in value between the market already established between spouses before the effectivity of this Code, without value of the community property at the time of the celebration of the prejudice to vested rights already acquired in accordance with the Civil Code or marriage and the market value at the time of its dissolution. other laws, as provided in Article 256. (n) (5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51. Art. 106. Under the regime of conjugal partnership of gains, the husband and (6) Unless otherwise agreed upon by the parties, in the partition of the wife place in a common fund the proceeds, products, fruits and income from their properties, the conjugal dwelling and the lot on which it is situated shall separate properties and those acquired by either or both spouses through their be adjudicated to the spouse with whom the majority of the common efforts or by chance, and, upon dissolution of the marriage or of the partnership, children choose to remain. Children below the age of seven years are the net gains or benefits obtained by either or both spouses shall be divided deemed to have chosen the mother, unless the court has decided equally between them, unless otherwise agreed in the marriage settlements. otherwise. In case there in no such majority, the court shall decide, (142a) taking into consideration the best interests of said children. (n) Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal Art. 103. Upon the termination of the marriage by death, the community property partnership of gains. (n) shall be liquidated in the same proceeding for the settlement of the estate of the deceased. Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in If no judicial settlement proceeding is instituted, the surviving spouse shall this Chapter or by the spouses in their marriage settlements. (147a) liquidate the community property either judicially or extra-judicially within one year from the death of the deceased spouse. If upon the lapse of the said period, Section 2. Exclusive Property of Each Spouse no liquidation is made, any disposition or encumbrance involving the community Art. 109. The following shall be the exclusive property of each spouse property of the terminated marriage shall be void. (1) That which is brought to the marriage as his or her own; Should the surviving spouse contract a subsequent marriage without complying (2) That which each acquires during the marriage by gratuitous title; with the foregoing requirements, a mandatory regime of complete separation of (3) That which is acquired by right of redemption, by barter or by exchange property shall govern the property relations of the subsequent marriage. (n) with property belonging to only one of the spouses; and Art. 104. Whenever the liquidation of the community properties of two or more (4) That which is purchased with exclusive money of the wife or of the marriages contracted by the same person before the effectivity of this Code is husband. (148a) carried out simultaneously, the respective capital, fruits and income of each Art. 110. The spouses retain the ownership, possession, administration and community shall be determined upon such proof as may be considered according enjoyment of their exclusive properties. to the rules of evidence. In case of doubt as to which community the existing Either spouse may, during the marriage, transfer the administration of his or her (6) Livestock existing upon the dissolution of the partnership in excess of exclusive property to the other by means of a public instrument, which shall be the number of each kind brought to the marriage by either spouse; and recorded in the registry of property of the place the property is located. (137a, (7) Those which are acquired by chance, such as winnings from gambling or 168a, 169a) betting. However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154a, 155, 159) Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and Art. 118. Property bought on installments paid partly from exclusive funds of appear alone in court to litigate with regard to the same. (n) either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal Art. 112. The alienation of any exclusive property of a spouse administered by partnership if such ownership was vested during the marriage. In either case, any the other automatically terminates the administration over such property and the amount advanced by the partnership or by either or both spouses shall be proceeds of the alienation shall be turned over to the owner-spouse. (n) reimbursed by the owner or owners upon liquidation of the partnership. (n) Art. 113. Property donated or left by will to the spouses, jointly and with Art. 119. Whenever an amount or credit payable within a period of time belongs designation of determinate shares, shall pertain to the donee-spouses as his or to one of the spouses, the sums which may be collected during the marriage in her own exclusive property, and in the absence of designation, share and share partial payments or by installments on the principal shall be the exclusive alike, without prejudice to the right of accretion when proper. (150a) property of the spouse. However, interests falling due during the marriage on the Art. 114. If the donations are onerous, the amount of the charges shall be borne principal shall belong to the conjugal partnership. (156a, 157a) by the exclusive property of the donee spouse, whenever they have been advanced Art. 120. The ownership of improvements, whether for utility or adornment, by the conjugal partnership of gains. (151a) made on the separate property of the spouses at the expense of the partnership Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and or through the acts or efforts of either or both spouses shall pertain to the conjugal similar benefits shall be governed by the rules on gratuitous or onerous partnership, or to the original owner-spouse, subject to the following rules: acquisitions as may be proper in each case. (n) When the cost of the improvement made by the conjugal partnership and any Section 3. Conjugal Partnership Property resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the Art. 116. All property acquired during the marriage, whether the acquisition conjugal partnership, subject to reimbursement of the value of the property of the appears to have been made, contracted or registered in the name of one or both owner-spouse at the time of the improvement; otherwise, said property shall be spouses, is presumed to be conjugal unless the contrary is proved. (160a) retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement. Art. 117. The following are conjugal partnership properties: In either case, the ownership of the entire property shall be vested upon the (1) Those acquired by onerous title during the marriage at the expense of reimbursement, which shall be made at the time of the liquidation of the conjugal the common fund, whether the acquisition be for the partnership, or for partnership. (158a) only one of the spouses; (2) Those obtained from the labor, industry, work or profession of either or Section 4. Charges Upon and Obligations of the Conjugal Partnership both of the spouses; (3) The fruits, natural, industrial, or civil, due or received during the Art. 121. The conjugal partnership shall be liable for: marriage from the common property, as well as the net fruits from the (1) The support of the spouse, their common children, and the legitimate exclusive property of each spouse; children of either spouse; however, the support of illegitimate children (4) The share of either spouse in the hidden treasure which the law awards shall be governed by the provisions of this Code on Support; to the finder or owner of the property where the treasure is found; (2) All debts and obligations contracted during the marriage by the (5) Those acquired through occupation such as fishing or hunting; designated administrator-spouse for the benefit of the conjugal  partnership of gains, or by both spouses or by one of them with the conjugal partnership but any winnings therefrom shall form part of the conjugal consent of the other; partnership property. (164a) (3) Debts and obligations contracted by either spouse without the consent of Section 5. Administration of the Conjugal Partnership Property the other to the extent that the family may have benefited; (4) All taxes, liens, charges, and expenses, including major or minor repairs Art. 124. The administration and enjoyment of the conjugal partnership shall upon the conjugal partnership property; belong to both spouses jointly. In case of disagreement, the husband’s decision (5) All taxes and expenses for mere preservation made during the marriage shall prevail, subject to recourse to the court by the wife for proper remedy, which upon the separate property of either spouse; must be availed of within five years from the date of the contract implementing (6) Expenses to enable either spouse to commence or complete a such decision. professional, vocational, or other activity for self-improvement; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the In the event that one spouse is incapacitated or otherwise unable to participate benefit of the family; in the administration of the conjugal properties, the other spouse may assume (8) The value of what is donated or promised by both spouses in favor of their sole powers of administration. These powers do not include disposition or common legitimate children for the exclusive purpose of commencing or encumbrance without authority of the court or the written consent of the other completing a professional or vocational course or other activity for self- spouse. In the absence of such authority or consent, the disposition or improvement; and encumbrance shall be void. However, the transaction shall be construed as a (9) Expenses of litigation between the spouses unless the suit is found to continuing offer on the part of the consenting spouse and the third person, and groundless. may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both If the conjugal partnership is insufficient to cover the foregoing liabilities, the offerors. (165a) spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a) Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the Art. 122. The payment of personal debts contracted by the husband or the wife other, make moderate donations from the conjugal partnership property for before or during the marriage shall not be charged to the conjugal properties charity or on occasions of family rejoicing or family distress. (174a) partnership except insofar as they redounded to the benefit of the family. Section 6. Dissolution of Conjugal Partnership Regime Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. Art. 126. The conjugal partnership terminates: However, the payment of personal debts contracted by either spouse before the (1) Upon the death of either spouse; marriage, that of fines and indemnities imposed upon them, as well as the support (2) When there is a decree of legal separation; of illegitimate children of either spouse, may be enforced against the partnership (3) When the marriage is annulled or declared void; or assets after the responsibilities enumerated in the preceding Article have been (4) In case of judicial separation of property during the marriage under covered, if the spouse who is bound should have no exclusive property or if it Articles 134 to 138. (175a) should be insufficient; but at the time of the liquidation of the partnership, such Art. 127. The separation in fact between husband and wife shall not affect the spouse shall be charged for what has been paid for the purpose above-mentioned. regime of conjugal partnership, except that: (163a) (1) The spouse who leaves the conjugal home or refuses to live therein, Art. 123. Whatever may be lost during the marriage in any game of chance or in without just cause, shall not have the right to be supported; betting, sweepstakes, or any other kind of gambling whether permitted or (2) When the consent of one spouse to any transaction of the other is prohibited by law, shall be borne by the loser and shall not be charged to the required by law, judicial authorization shall be obtained in a summary proceeding;  (3) In the absence of sufficient conjugal partnership property, the separate (6) Unless the owner had been indemnified from whatever source, the loss property of both spouses shall be solidarily liable for the support of the or deterioration of movables used for the benefit of the family, belonging family. The spouse present shall, upon petition in a summary proceeding, to either spouse, even due to fortuitous event, shall be paid to said spouse be given judicial authority to administer or encumber any specific from the conjugal funds, if any. separate property of the other spouse and use the fruits or proceeds (7) The net remainder of the conjugal partnership properties shall constitute thereof to satisfy the latter’s share. (178a) the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage Art. 128. If a spouse without just cause abandons the other or fails to comply with settlements or unless there has been a voluntary waiver or forfeiture of his or her obligation to the family, the aggrieved spouse may petition the court for such share as provided in this Code. receivership, for judicial separation of property, or for authority to be the sole (8) The presumptive legitimes of the common children shall be delivered administrator of the conjugal partnership property, subject to such precautionary upon the partition in accordance with Article 51. conditions as the court may impose. (9) In the partition of the properties, the conjugal dwelling and the lot on The obligations to the family mentioned in the preceding paragraph refer to which it is situated shall, unless otherwise agreed upon by the parties, marital, parental or property relations. be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are A spouse is deemed to have abandoned the other when he or she has left the deemed to have chosen the mother, unless the court has decided conjugal dwelling without intention of returning. The spouse who has left the otherwise. In case there is no such majority, the court shall decide, taking conjugal dwelling for a period of three months or has failed within the same period into consideration the best interests of said children. (181a, 182a, 183a, to give any information as to his or her whereabouts shall be prima facie 184a, 185a) presumed to have no intention of returning to the conjugal dwelling. (167a, 191a) Art. 130. Upon the termination of the marriage by death, the conjugal Section 7. Liquidation of the Conjugal Partnership Assets and partnership property shall be liquidated in the same proceeding for the Liabilities settlement of the estate of the deceased. Art. 129. Upon the dissolution of the conjugal partnership regime, the following If no judicial settlement proceeding is instituted, the surviving spouse shall procedure shall apply: liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the (1) An inventory shall be prepared, listing separately all the properties of six-month period no liquidation is made, any disposition or encumbrance the conjugal partnership and the exclusive properties of each spouse. involving the conjugal partnership property of the terminated marriage shall be (2) Amounts advanced by the conjugal partnership in payment of personal void. debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof. Should the surviving spouse contract a subsequent marriage without compliance (3) Each spouse shall be reimbursed for the use of his or her exclusive funds with the foregoing requirements, a mandatory regime of complete separation of in the acquisition of property or for the value of his or her exclusive property shall govern the property relations of the subsequent marriage. (n) property, the ownership of which has been vested by law in the conjugal partnership. Art. 131. Whenever the liquidation of the conjugal partnership properties of two (4) The debts and obligations of the conjugal partnership shall be paid out or more marriages contracted by the same person before the effectivity of this of the conjugal assets. In case of insufficiency of said assets, the spouses Code is carried out simultaneously, the respective capital, fruits and income of shall be solidarily liable for the unpaid balance with their separate each partnership shall be determined upon such proof as may be considered properties, in accordance with the provisions of paragraph (2) of Article according to the rules of evidence. In case of doubt as to which partnership the 121. existing properties belong, the same shall be divided between the different (5) Whatever remains of the exclusive properties of the spouses shall partnerships in proportion to the capital and duration of each. (189a) thereafter be delivered to each of them. Art. 132. The Rules of Court on the administration of estates of deceased persons notified of the filing thereof. The court shall take measures to protect the creditors shall be observed in the appraisal and sale of property of the conjugal partnership, and other persons with pecuniary interest. (191a) and other matters which are not expressly determined in this Chapter. (187a) Art. 137. Once the separation of property has been decreed, the absolute Art. 133. From the common mass of property support shall be given to the community or the conjugal partnership of gains shall be liquidated in conformity surviving spouse and to the children during the liquidation of the inventoried with this Code. property and until what belongs to them is delivered; but from this shall be During the pendency of the proceedings for separation of property, the absolute deducted that amount received for support which exceeds the fruits or rents pertaining to them. (188a) community or the conjugal partnership shall pay for the support of the spouses and their children. (192a) Chapter 5. Separation of Property of the Spouses and Administration of Art. 138. After dissolution of the absolute community or of the conjugal Common Property by One Spouse During the Marriage partnership, the provisions on complete separation of property shall apply. (191a) Art. 134. In the absence of an express declaration in the marriage settlements, Art. 139. The petition for separation of property and the final judgment granting the separation of property between spouses during the marriage shall not take the same shall be recorded in the proper local civil registries and registries of place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause. (190a) property. (193a) Art. 135. Any of the following shall be considered sufficient cause for judicial Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors. (194a) separation of property: Art. 141. The spouses may, in the same proceedings where separation of property (1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction; was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following (2) That the spouse of the petitioner has been judicially declared an absentee; instances: (3) That loss of parental authority of the spouse of petitioner has been (1) When the civil interdiction terminates; decreed by the court; (2) When the absentee spouse reappears; (4) That the spouse of the petitioner has abandoned the latter or failed to (3) When the court, being satisfied that the spouse granted the power of comply with his or her obligations to the family as provided for in Article administration in the marriage settlements will not again abuse that 101; power, authorizes the resumption of said administration; (5) That the spouse granted the power of administration in the marriage (4) When the spouse who has left the conjugal home without a decree of legal settlements has abused that power; and separation resumes common life with the other; (6) That at the time of the petition, the spouses have been separated in fact (5) When parental authority is judicially restored to the spouse previously for at least one year and reconciliation is highly improbable. deprived thereof; In the cases provided for in Numbers (1), (2) and (3), the presentation of the final (6) When the spouses who have separated in fact for at least one year, reconcile and resume common life; or judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a) (7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint Art. 136. The spouses may jointly file a verified petition with the court for the petition of the spouses, they agree to the revival of the former property voluntary dissolution of the absolute community or the conjugal partnership of regime. No voluntary separation of property may thereafter be granted. gains, and for the separation of their common properties. The revival of the former property regime shall be governed by Article 67. (195a) All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and Art. 142. The administration of all classes of exclusive property of either spouse In the absence of proof to the contrary, properties acquired while they lived may be transferred by the court to the other spouse: together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, (1) When one spouse becomes the guardian of the other; a party who did not participate in the acquisition by the other party of any (2) When one spouse is judicially declared an absentee; property shall be deemed to have contributed jointly in the acquisition thereof if (3) When one spouse is sentenced to a penalty which carries with it civil the former’s efforts consisted in the care and maintenance of the family and of the interdiction; or household. (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the If the other spouse is not qualified by reason of incompetence, conflict of interest, consent of the other, until after the termination of their cohabitation. or any other just cause, the court shall appoint a suitable person to be the administrator. (n) When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common Chapter 6. Regime of Separation of Property children. In case of default of or waiver by any or all of the common children or Art. 143. Should the future spouses agree in the marriage settlements that their their descendants, each vacant share shall belong to the respective surviving property relations during marriage shall be governed by the regime of separation descendants. In the absence of descendants, such share shall belong to the of property, the provisions of this Chapter shall be suppletory. (212a) innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. (144a) 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 Art. 148. In cases of cohabitation not falling under the preceding Article, only the separate shall pertain to the absolute community. (213a) properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or to their respective contributions. In the absence of proof to the contrary, their her own separate estate, without need of the consent of the other. To each spouse contributions and corresponding shares are presumed to be equal. The same rule shall belong all earnings from his or her profession, business or industry and all and presumption shall apply to joint deposits of money and evidences of credit. fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a) If one of the parties is validly married to another, his or her share in the co- ownership shall accrue to the absolute community or conjugal partnership Art. 146. Both spouses shall bear the family expenses in proportion to their existing in such valid marriage. If the party who acted in bad faith is not validly income, or, in case of insufficiency or default thereof, to the current market value married to another, his or her shall be forfeited in the manner provided in the last of their separate properties. paragraph of the preceding Article. The liabilities of the spouses to creditors for family expenses shall, however, be The foregoing rules on forfeiture shall likewise apply even if both parties are in solidary. (215a) bad faith. (144a) Chapter 7. Property Regime of Unions Without Marriage Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.