Regime of

Property
Absolute Community
Conjugal Property
Commencement
Article 88 - The absolute community of property between spouses
shall commence at the precise moment that the marriage is
celebrated. Any stipulation, express or implied, for the
commencement of the community at any other time shall be void.
Art. 107 in relation to Art. 88
ommences at the precise moment the marria!e is celebrated.
Included
Properties
Article "1 - #nless otherwise provided in this hapter or in the
marria!e settlements, the community property shall consist of all the
property owned by the spouses at the time of the celebration of
the marriage or acquired thereafter.
Article "$ - Any winnin!s therefrom shall form part of the community
property
Art. 10$ par. % Applicability of on&u!al 'artnership (ains
Art. 10) #nder the re!ime of con&u!al partnership of !ains, the
husband and wife place in a common fund the proceeds, products,
fruits and income of their separate properties and those ac*uired by
either or both spouses throu!h their efforts or by chance.
Art. 108 +ules (overnin! the on&u!al 'artnership of (ains
Art. 117 The followin! are con&u!al partnership properties, -a.those
ac*uired by onerous title durin! the marria!e at the expense of the
common fund/ -b. those obtained from the labor, industry, wor0 or
profession of either or both of the spouses/ -c. the fruits, natural,
industrial or civil due or received durin! the marria!e from the
common property and the net fruits from the exclusive property of
each spouse/ -d. the share of either spouse in the hidden treasure
which the law awards to the finder or owner of the property where
the property is found/ -e. those ac*uired throu!h occupation such as
fishin! or huntin!/ -f. livestoc0 existin! upon the dissolution of the
partnership in excess of the number of each 0ind brou!ht to the
marria!e by either spouse/ and -!. those which are ac*uired by
chance such as winnin!s from !amblin! or bettin!.
Art. 118 'roperty bou!ht on installments paid partly from exclusive
funds of either or both spouses and partly from con&u!al funds
belon!s to the buyer or buyers if full ownership was vested before
the marria!e and to the con&u!al partnership if such ownership was
vested durin! the marria!e.
Art. 11" 1nterests fallin! due durin! the marria!e on the principal
shall belon! to the con&u!al partnership.
Art. 1%0 The entire property of one of the spouses shall belon! to the
con&u!al partnership when the cost of the improvement made in the
con&u!al partnership and any resultin! increase in value are more
than the value of the property at the time of the improvement
-sub&ect to reimbursement./ otherwise, the property shall be retained
in the ownership by the owner-spouse, li0ewise sub&ect to
reimbursement.
Excluded Article "% - The followin! shall be excluded from the community Art. 10" The followin! shall be the exclusive property of each
Properties
property,-1. 'roperty ac*uired durin! the marria!e by gratuitous
title by either spouse, and the fruits as well as the income thereof,
if any, unless it is expressly provided by the donor, testator, or
!rantor that they shall form part of the community property-%.
'roperty for personal and exclusie use of either spouse.
2owever, &ewelry shall for part of the community property.-3.
'roperty ac*uired before the marria!e by either spouse who has
legitimate descendants by a former marria!e, and the fruits as well
as the income, if any, of such property.
Article "$ - 4hatever may be lose durin! the marria!e in any !ame
of chance, bettin! sweepsta0es, or any other 0ind of !amblin!,
whether permitted or prohibited by law, shall be bone by the loser
and shall not be char!ed to the community
spouse, that which is brou!ht to the marria!e as his or her own
property/ property each ac*uires durin! the marria!e by !ratuitous
title/ that which is ac*uired by ri!ht or redemption, by barter or by
exchan!e with property belon!in! to only one of the spouses/ and
that which is purchased with the exclusive money of wife or husband
Art. 113 'roperty donated or left by will to the spouses, shall pertain
to the donee-spouse as his or her own exclusive property.
Presumption
Article "3 - 'roperty acquired during the marriage is presumed to
belon! to the community unless it is proved that it is one of those
excluded therefrom.
Art. 11) All property ac*uired durin! the marria!e is presumed to be
con&u!al -whether the ac*uisition appears to have been made,
contracted or re!istered in the name of one or both spouses., unless
the contrary is proved.
!uppletory "aw
Article 85 - 1f the future spouses a!ree upon a re!ime other than the
absolute community of property, they cannot donate to each other in
their marria!e settlements more than 16$ of their present property.
Any excess shall be considered void.
7onations of future property shall be !overned by the proisions on
the testamentary succession and the formalities of wills#
Article "0 - The provisions on co$ownership shall apply to the
absolute community of property between the spouses in all matters
not provided for in this hapter.
ivil ode provisions
hapter 5 8amily ode on&u!al 'artnership of (ains
Art. 1%1 ode on 9upport
Art. 13% +ules of ourt
:ther 8amily ode and ivil ode 'rovisions
Charges
upon%&bligation
Article "5 - The absolute community of property shall be liable for,-1.
The support of the spouses, their common children, and
legitimate children of either spouse/ however, the support of
ille!itimate children shall be !overned by the provisions of this ode
on 9upport-%. All debts and obligations contracted durin! the
marria!e by the designated administrator$spouse for the benefit
of the community, or by both spouses, or by one spouse with the
consent of the other/-3. 'ebts and obligations contracted by
either spouse without the consent of the other to the extent that
the family may hae been benefited.-5. All taxes, liens, charges,
and expenses, including major or minor repairs, upon the
community property-$. All taxes and expenses for mere
preseration made durin! marria!e upon the separate property of
either spouse used by the family-). ;xpenses to enable either
spouse to commence or complete a professional or ocational
Art. 1%1 #nder Article 1%1, the con&u!al partnership shall be liable
for -a. the support of the spouse, their common children and the
le!itimate children of either spouse/ -b. all debts and obli!ations
contracted durin! the marria!e by the desi!nated administrator
spouse for the benefit of the con&u!al partnership of !ains, or by both
spouses or by one of them with the consent of the other/ -c. debts
and obli!ations contracted by either spouse without the consent of
the other to the extent that the family benefited/ -d. all taxes, liens,
char!es and expenses includin! ma&or or minor repairs upon the
con&u!al partnership property/ -e. all taxes and expenses for the
mere preservation made durin! the marria!e upon the separate
property of either spouse/ -f. expenses to enable their spouse to
commence or complete a professional, vocational or other activity for
self-improvement/ -!. expenses of liti!ation between the spouses
unless the suit is found to be !roundless.
course, or other actiity for self$improement#-7. Antenuptial
debts of either spouse insofar as they have redounded to the
benefit of the family.-8. The value of what is donated or promised
by both spouses in faor of their common legitimate children
for the exclusive purpose of commencin! or completin! a
professional or vocational course or other activity for self-
improvement-". Antenuptial debts of either spouse other than
those falling under paragraph ()* of this Article, the support of
ille!itimate children of either spouse, and liabilities incurred by either
spouse by reason of a crime or a *uasi-delict, in case of absence or
insufficiency of the exclusive 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 li*uidation of the
community/ and-10. Expenses of litigation between the spouses
unless the suit is found to be !roundless.
&wnership,
Administration,
Enjoyment,
'isposition
Article 87 -7. - ;very donation or grant of gratuitous adantage,
direct or indirect, between the spouses durin! the marria!e shall be
oid, except moderate gifts which the spouses may !ive each
other on the occasion of any family re&oicin!... ..
Article ") -:,A < ;. - The administration and en&oyment of the
community property shall belong to both spouses jointly. 1n case
of disa!reement, the husband+s decision shall prevail, sub&ect to
recourse to the court by the wife for a proper remedy, which
must be availed of within five years from the date of the contract
implementin! such decision.1n the event that one spouse is
incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may
assume sole powers of administration.
....Article ") -7. - .... 2owever, the transaction shall be construed as
a continuin! offer on the part of the consentin! spouse and the third
person, and may be perfected as a binding contract upon the
acceptance by the other spouse of authori,ation by the court
before the offer is withdrawn by either or both offerors.
Article "7 -7. - ;ither spouse may dispose by will of his or her
interest in the community property.
Article "8 - -either spouse may donate any community property
without the consent of the other. 2owever, either spouse may,
without the consent of the other, ma0e moderate donations from
the community property for charity or on occasions of family re&oicin!
or family distress.
Art. 1%5 Administration and en&oyment belon! to both spouses
&ointly. 1n case of disa!reement, the husband=s decision shall prevail,
sub&ect to recourse to the court by the wife for proper remedy.
Art. 1%$ >either spouse may donate any con&u!al partnership of
!ains without the consent of the other. 2owever, either spouse may
donate, without the consent of the other, ma0e moderate donations
from the con&ural partnership property for charity or occasions of
family re&oicin! or distress.
'issolution Article "" - The absolute community terminates,
-1. #pon the death of either spouse
Art. 1%) The con&u!al partnership terminates upon the death of
either spouse, when there is a decree of le!al separation, when the
-%. 4hen there is decree of legal separation
-3. 4hen the marria!e is annulled or declared oid/ or
-5. 1n case of judicial separation of property durin! the marria!e
under Articles 135 to 138.
marria!e is annuled and declared void and throu!h a &udicial
separation of property.
Art. 1%7 The separation of fact shall not affect the re!ime of con&u!al
partnership.
Art. 1%8 1f a spouse without &ust cause abandons the other or fails to
comply with his obli!ations to the family, the a!!rieved spouse may
petition the court for receivership, &udicial separation of property or
for authority to be the sole administrator of the con&u!al partnership
property.
"iquidation
Article 10% - #pon dissolution of the absolute community re!ime, the
followin! procedure shall apply,-1. An inentory shall be prepared,
listin! separately all the properties of the absolute community
and the exclusie properties of each spouse.-%. The debts and
obligations of the absolute community shall be paid out of its
assets. 1n case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties
in accordance with the provisions of the second para!raph of Article
"5.-3. 4hatever remains of the exclusie properties of the
spouses shall thereafter be delivered to each of them.-5. The net
remainder of the properties of the absolute community shall
constitute its net assets, which shall be divided e*ually between
husband and wife, unless a different proportion or division was
a!reed upon in the marria!e settlements, or unless there has been a
voluntary waiver of such share as provided in this ode. ... -$. The
presumptie legitimes of the common children shall be delivered
upon partition, in accordance with Article $1.-). #nless otherwise
a!reed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of the
common children choose to remain. ... 1n case there is no such
ma&ority, the court shall decide, ta0in! into consideration the best
interests of said children.
Art. 1%" -1. inventory, -%. payment of advanced amounts for
personal debts and obli!ations -3. reimbursement for the use of
exclusive funds, -5. payment of debts and obli!ations of '( -$.
delivery of remains of exclusive properties, -).payment of loss or
deterioration of movables -7.net remainder to be divided e*ually,
unless there is separate stipulation -8. delivery of presumptive
le!itimes and, -". partition of con&u!al dwellin! and lot
Regime of
Property
Complete !eparation of Properties
.nion without /arriage
Article 01) Article 012
Commencement
Article 153. 9hould the future spouses a!ree
in the marria!e settlements that their
property relations durin! marria!e shall be
!overned by the re!ime of separation of
property, the provisions of this hapter shall
be suppletory.
Article 138. After dissolution of the
absolute community or of the conjugal
partnership, the provisions on complete
separation of property shall apply.
Article 103 < Article 130. #pon the
termination of the marria!e by death, the
community property -for Art. 130, con&u!al
partnership property. shall be li*uidated in
the same proceedin! for the settlement of
the estate of the deceased.
9hould the survivin! spouse contract a
subse*uent marria!e without compliance
with the fore!oin! re*uirements, a
mandatory regime of complete separation
of property shall !overn the property
relations of the subse*uent marria!e.
Art# 011 (CI3I" C&'E 4 repealed by Art#
01) of the 5amily Code*# 67E- A /A-
A-' A 6&/A- "I3E 8&9E87ER A!
7.!:A-' A-' 6I5E, but they are not
married, or their marria!e is void from the
be!innin!, the property ac*uired by either
or both of them throu!h their wor0 or
industry or their wa!es and salaries shall
be !overned by the rules on co-ownership.
Art# 01) (5A/I"; C&'E*# 67E- A /A-
A-' A 6&/A- who are capacitated to
marry each other, "I3E E<C".!I3E";
6I87 EAC7 &87ER A! 7.!:A-' A-'
6I5E without the benefit of marria!e or
under a void marria!e
The 9upreme ourt held in 3aldes s#
Regional 8rial Court, :r# 0=>, ?ue,on
City (9#R# -o# 0>>)1@ Auly B0, 0@@C* The
term ?capacitated@ in the provision -in the
first para!raph of the law. refers to the
le!al capacity of a party to contract
marria!e, i.e., any ?male or female of the
a!e of ei!hteen years or upwards not
under any of the impediments mentioned
in Article 37 and 38@ of the ode.
Art# 012# I- CA!E! &5 C&7A:I8A8I&-
-&8 5A""I-9 .-'ER 87E PRECE'I-9
AR8IC"E, only the properties ac*uired by
both of the parties throu!h their actual &oint
contribution of money, property, or industry
shall be owned by them in common in
proportion to their respective contributions. 1n
the absence of proof to the contrary, their
contributions and correspondin! shares are
presumed to be e*ual. The same rule and
presumption shall apply to &oint deposits of
money and evidences of credit.
Included
Properties
Article 155. 9eparation of property may refer
to present or future property or both. 1t may
be total or partial.
Article "%. The followin! shall be excluded
from the community property,
1. 'roperty ac*uired durin! the marria!e by
!ratuitous title by either spouse, and the
fruits as well as the income thereof, if any,
unless it is expressly provided by the donor,
Art# 01). Their 6A9E! A-' !A"ARIE!
shall be owned by them in e*ual shares
and the 'R&PER8; AC?.IRE' :;
:&87 &5 87E/ 87R&.97 87EIR
6&RD &R I-'.!8R; shall be !overned
by the rules on co-ownership.
1n the absence of proof to the contrary,
properties ac*uired while they lived
to!ether shall be presumed to have been
obtained by their &oint efforts, wor0 or
Art# 012 (0*. 1n cases of cohabitation not
fallin! under the precedin! Article, only the
PR&PER8IE! AC?.IRE' :; :&87
PAR8IE! 87R&.97 87EIR AC8.A" A&I-8
C&-8RI:.8I&- &5 /&-E;, PR&PER8;
&R I-'.!8R; shall be owned by them in
common in proportion to their respective
contributions.
testator or !rantor that they shall form part of
the community property/
%. 'roperty for personal and exclusive use of
either spouse/ however, &ewelry shall form
part of the community property/
3. 'roperty ac*uired before the marria!e by
either spouse who has le!itimate
descendants by a former marria!e, and the
fruits as well as the income, if any, of such
property.
Article 10". The followin! shall be the
exclusive property of each spouse,
1. That which is brou!ht to the marria!e as
his or her own/
%. That which each ac*uires durin! the
marria!e by !ratuitous title/
3. That which is ac*uired by ri!ht of
redemption, by barter or by exchan!e with
property belon!in! to only one of the
spouses/ and
5. That which is purchased with exclusive
money of the wife or the husband.
industry, and shall be owned by them in
e*ual shares. 8or purposes of this Article,
a party who did not participate in the
ac*uisition by the other party of any
property shall be deemed to have
contributed &ointly in the ac*uisition thereof
if the former=s efforts consisted in the care
and maintenance of the family and of the
household.
The 9upreme ourt held in 3aldes s#
Regional 8rial Court, :r# 0=> #nder this
property re!ime, property ac*uired by both
spouses throu!h their wor0 and industry
shall be !overned by the rules on e*ual co-
ownership. Any property ac*uired durin!
the union is prima facie presumed to have
been obtained throu!h their &oint efforts. A
party who did not participate in the
ac*uisition of the property shall still be
considered as havin! contributed thereto
&ointly if said partyAs ?efforts consisted in
the care and maintenance of the family
household.@
Excluded
Properties
Article 155. xxx 1n the latter case, the
property not agreed upon as separate
shall pertain to the absolute community#
Art# 00=. The spouses retain the
ownership, possession, administration and
en&oyment of their E<C".!I3E
PR&PER8IE!.
The 9upreme ourt held in 3aldes s#
Regional 8rial Court, :r# 0=> B#nder this
property re!imeC, unli0e the con&u!al
partnership of !ains, the fruits of the
couple=s separate property are not included
in the co-ownership.'roperties not covered
in Article 157 are those properties that are
'&-A8E', I-7ERI8E', or P.RC7A!E'
by one spouse usin! his or her own funds.
Art# 012 (>*. 1f one of the parties is 3A"I'";
/ARRIE' 8& A-&87ER, his !7ARE I-
87E C&$&6-ER!7IP shall accrue to the
absolute community6con&u!al partnership
existin! in such valid marria!e.
Art# 00=. The spouses retain the ownership,
possession, administration and en&oyment of
their E<C".!I3E PR&PER8IE!#
Presumption Article 155. 1n case of partial separation, the
property not agreed upon as separate
pertain to the absolute community#
Art# 011. 1n case of partial separation, the
property not a!reed upon as separate shall
pertain to the absolute community.
Art# 01). 1n the absence of proof to the
contrary, properties ac*uired while they
lived to!ether shall be presumed to have
been obtained by their &oint efforts, wor0 or
Art# 012 (>* 1n the absence of proof to the
contrary, their contributions and
correspondin! shares are presumed to be
e*ual. The same rule and presumption shall
apply to &oint deposits of money and
evidences of credit.
industry, and shall be owned by them in
e*ual shares. 8or purposes of this Article,
a party who did not participate in the
ac*uisition by the other party of any
property shall be deemed to have
contributed &ointly in the ac*uisition thereof
if the former=s efforts consisted in the care
and maintenance of the family and of the
household.
!uppletory "aw Article 153. 9hould the future spouses a!ree
in the marria!e settlements that their
property relations durin! marria!e shall be
!overned by the re!ime of separation of
property, the proisions of this Chapter
shall be suppletory#
8amily ode 'rovisions
Art# B1. >o license shall be necessary for
the marria!e of a man and a woman who
have lived to!ether as husband and wife
for at least five years and without any le!al
impediment to marry each other. The
contractin! parties shall state the fore!oin!
facts in an affidavit before any person
authoriDed by law to administer oaths. The
solemniDin! officer shall also state under
oath that he ascertained the *ualifications
of the contractin! parties are found no
le!al impediment to the marria!e. -7)a.
Art# BE. The followin! marria!es shall be void
from the be!innin!,
-1. Those contracted by any party below
ei!hteen years of a!e even with the consent
of parents or !uardians/
-%. Those solemniDed by any person not
le!ally authoriDed to perform marria!es unless
such marria!es were contracted with either or
both parties believin! in !ood faith that the
solemniDin! officer had the le!al authority to
do so/
-3. Those solemniDed without license, except
those covered the precedin! hapter/
-5. Those bi!amous or poly!amous marria!es
not failin! under Article 51/
-$. Those contracted throu!h mista0e of one
contractin! party as to the identity of the other/
and
-). Those subse*uent marria!es that are void
under Article $3.
Art# B). Earria!es between the followin! are
incestuous and void from the be!innin!,
whether relationship between the parties be
le!itimate or ille!itimate,
-1. Fetween ascendants and descendants of
any de!ree/ and
-%. Fetween brothers and sisters, whether of
the full or half blood.
Art# B2. The followin! marria!es shall be void
from the be!innin! for reasons of public
policy,
-1. Fetween collateral blood relatives whether
le!itimate or ille!itimate, up to the fourth civil
de!ree/
-%. Fetween step-parents and step-children/
-3. Fetween parents-in-law and children-in-
law/
-5. Fetween the adoptin! parent and the
adopted child/
-$. Fetween the survivin! spouse of the
adoptin! parent and the adopted child/
-). Fetween the survivin! spouse of the
adopted child and the adopter/
-7. Fetween an adopted child and a le!itimate
child of the adopter/
-8. Fetween adopted children of the same
adopter/ and
-". Fetween parties where one, with the
intention to marry the other, 0illed that other
person=s spouse, or his or her own spouse.
Charges
upon%&bligation
Article 15). Foth spouses shall bear the
family expenses in proportion to their
income, or, in case of insufficiency or default
thereof, to the current mar0et value of their
separate properties.The liability of the
spouses to creditors for family expenses
shall however, be solidary.
Article "5. 1f the community property is
insufficient to cover the fore!oin! liabilities,
except those fallin! under para!raph ", the
spouses shall be solidary liable for the
unpaid balance with their separate
properties.
Article 1%1. 1f the community property is
insufficient to cover the fore!oin! liabilities,
the spouses shall be solidary liable for
the unpaid balance with their separate
properties.
Art# 122# (Ciil Code 4 Co$ownership*, ;ach co-owner shall have a ri!ht to compel the
other co-owners to contribute to the expenses of preservation of the thin! or ri!ht owned in
common and to the taxes. Any one of the latter may exempt himself from this obli!ation by
renouncin! so much of his undivided interest as may be e*uivalent to his share of the
expenses and taxes. >o such waiver shall be made if it is pre&udicial to the co-ownership.
Art# 12@# (Ciil Code 4 Co$ownership*, +epairs for preservation may be made at the will
of one of the co-owners, but he must, if practicable, first notify his co-owners of the
necessity for such repairs. ;xpenses to improve or embellish the thin! shall be decided
upon by a ma&ority as determined in Article 5"%.
&wnership,
Administration,
Enjoyment,
'isposition
Article 15$. ;ach spouse shall own, dispose
of, possess, administer and en&oy his or her
own separate estate, without the consent of
the other. 8o each spouse shall belong all
earnings from his or her profession,
business or industry and all fruits,
natural, industrial or ciil, due or receied
during the marriage from his or her
separate property#
Art# 01) >either party can encumber or
dispose by acts inter vivos of his or her
share in the property ac*uired durin!
cohabitation and owned in common,
without the consent of the other, until after
the termination of their cohabitation.
Art# 01E. ;ach spouse shall own, dispose
of, possess, administer and en&oy his or
her own separate estate, without need of
the consent of the other. To each spouse
Art# 01E. ;ach spouse shall own, dispose of,
possess, administer and en&oy his or her own
separate estate, without need of the consent
of the other. To each spouse shall belon! all
earnin!s from his or her profession, business
or industry and all fruits, natural, industrial or
civil, due or received durin! the marria!e from
his or her separate property.
Art# 1@B (Ciil Code 4 Co$ownership*, ;ach
co-owner shall have the full ownership of his
shall belon! all earnin!s from his or her
profession, business or industry and all
fruits, natural, industrial or civil, due or
received durin! the marria!e from his or
her separate property.
Art# 1@B (Ciil Code 4 Co$ownership*,
;ach co-owner shall have the full
ownership of his part and of the fruits and
benefits pertainin! thereto, and he may
therefore alienate, assi!n or mort!a!e it,
and even substitute another person in its
en&oyment, except when personal ri!hts
are involved. Fut the effect of the alienation
or the mort!a!e, with respect to the co-
owners, shall be limited to the portion
which may be allotted to him in the division
upon the termination of the co-ownership.
Art# 12C# (Ciil Code 4 Co$ownership*,
;ach co-owner may use the thin! owned in
common, provided he does so in
accordance with the purpose for which it is
intended and in such a way as not to in&ure
the interest of the co-ownership or prevent
the other co-owners from usin! it
accordin! to their ri!hts.
part and of the fruits and benefits pertainin!
thereto, and he may therefore alienate, assi!n
or mort!a!e it, and even substitute another
person in its en&oyment, except when personal
ri!hts are involved. Fut the effect of the
alienation or the mort!a!e, with respect to the
co-owners, shall be limited to the portion
which may be alloted to him in the division
upon the termination of the co-ownership.
Art# 12C (Ciil Code 4 Co$ownership*, ;ach
co-owner may use the thin! owned in
common, provided he does so in accordance
with the purpose for which it is intended and in
such a way as not to in&ure the interest of the
co-ownership or prevent the other co-owners
from usin! it accordin! to their ri!hts.
The 9upreme ourt held in :uenaentura
s# CA (9#R# -o# 0>)BE2# /arch B0, >==E*
The rules set up to !overn the li*uidation of
either the absolute community or the con&u!al
partnership of !ains, the property re!imes
reco!niDed for valid and voidable marria!es
-in the latter case until the contract is
annulled., are irrelevant to the li*uidation of
the co-ownership that exists between
common-law spouses.
'issolution
Art# 1@1# (Ciil Code 4 Co$ownership*,
>o co-owner shall be obli!ed to remain in
the co-ownership. ;ach co-owner may
demand at any time the partition of the
thin! owned in common, insofar as his
share is concerned.
Art# 01) >either party can encumber or
dispose by acts inter vivos of his or her
share in the property ac*uired durin!
cohabitation and owned in common,
without the consent of the other, .-8I"
A58ER 87E 8ER/I-A8I&- &5 87EIR
C&7A:I8A8I&-.
Art# 1@1# >o co-owner shall be obli!ed to
remain in the co-ownership. ;ach co-owner
may demand at any time the partition of the
thin! owned in common, insofar as his share
is concerned.
Art# 01) >either party can encumber or
dispose by acts inter vivos of his or her share
in the property ac*uired durin! cohabitation
and owned in common, without the consent of
the other, .-8I" A58ER 87E 8ER/I-A8I&-
&5 87EIR C&7A:I8A8I&-#
"iquidation Art# 01) (1*. 4hen only one of the parties
to a void marria!e is in !ood faith, the
share of the party in bad faith in the co-
ownership shall be forfeited in favor of their
Art 012. 1f one of the parties is validly married
to another, his or her share in the co-
ownership shall accrue to the absolute
community or con&u!al partnership existin! in
common children. 1n case of default of or
waiver by any or all of the common
children or their descendants, each vacant
share shall belon! to the respective
survivin! descendants. 1n the absence of
descendants, such share shall belon! to
the innocent party. 1n all cases, the
forfeiture shall ta0e place upon termination
of the cohabitation.
Art# 1@C# (Ciil Code 4 Co$ownership*,
'artition may be made by a!reement between
the parties or by &udicial proceedin!s. 'artition
shall be !overned by the +ules of ourt insofar
as they are consistent with this ode.
Art# 1@)# (Ciil Code 4 Co$ownership*, The
creditors or assi!nees of the co-owners may
ta0e part in the division of the thin! owned in
common and ob&ect to its bein! effected without
their concurrence. Fut they cannot impu!n any
partition already executed, unless there has
been fraud, or in case it was made
notwithstandin! a formal opposition presented
to prevent it, without pre&udice to the ri!ht of the
debtor or assi!nor to maintain its validity.
Art# 1@2# (Ciil Code 4 Co$ownership*,
4henever the thin! is essentially indivisible and
the co-owners cannot a!ree that it be allotted to
one of them who shall indemnify the others, it
shall be sold and its proceeds distributed.
Art# 1@@# (Ciil Code 4 Co$ownership*, The
partition of a thin! owned in common shall not
pre&udice third persons, who shall retain the
ri!hts of mort!a!e, servitude or any other real
ri!hts belon!in! to them before the division was
made. 'ersonal ri!hts pertainin! to third
persons a!ainst the co-ownership shall also
remain in force, notwithstandin! the partition.
Art# E==# (Ciil Code 4 Co$ownership*, #pon
partition, there shall be a mutual accountin! for
benefits received and reimbursements for
expenses made. Gi0ewise, each co-owner shall
pay for dama!es caused by reason of his
ne!li!ence or fraud.
Art# E=0# (Ciil Code 4 Co$ownership*, ;very
co-owner shall, after partition, be liable for
such valid marria!e. 1f the party who acted in
bad faith is not validly married to another, his
or her shall be forfeited in the manner
provided in the last para!raph of the
precedin! Article -Art. 157 -5...
Art# 1@C, 1@), 1@2, 1@@, E== and E=0 (Ciil
Code*#
defects of title and *uality of the portion
assi!ned to each of the other co-owners.