Property Relations

Psychological Incapacity Legal Separation Void ab initio Annulment

Community property is There is no absolute Support of spouses and
governed by co- community or conjugal children shall come from the
ownership, which partnership of property in absolute community or
provides that properties marriages void ab initio. Art conjugal properties. (Sempio-
and shares shall be 147 and 148 on “Property Dy)
divided equally. (Sempio- Regime of Unions Without
Dy) Marriage” applies. (Sempio-
Dy)
Absolute community of Absolute community or the Absolute community of Absolute community of
property or the conjugal conjugal partnership shall property or the conjugal property or the conjugal
partnership, as the case be dissolved and partnership, as the case may partnership, as the case may
may be, shall be liquidated but the be, shall be dissolved and be, shall be dissolved and
dissolved and offending spouse shall liquidated, but if either liquidated, but if either
liquidated, but if either have no right to any share spouse contracted said spouse contracted said
spouse contracted said the net profits earned by marriage in bad faith, his or marriage in bad faith, his or
marriage in bad faith, his the absolute community or her share of the net profits her share of the net profits of
or her share of the net the conjugal partnership, of the community property the community property or
profits of the community which shall be forfeited in or conjugal partnership conjugal partnership property
property or conjugal accordance with provisions property shall be forfeited shall be forfeited in favor of
partnership property of Article 43(2). (Art 63-2) in favor of the common the common children, or if
shall be forfeited in favor children, or if there are there are none, the children of
of the common children, none, the children of the the guilty spouse by a
or if there are none, the guilty spouse by a previous previous marriage or in
children of the guilty marriage or in default of default of children, the
spouse by a previous children, the innocent innocent spouse. (Art 43-2)
marriage or in default of spouse. (Art 43-2)
children, the innocent
spouse. (Art 43-2
The spouse who The offending spouse shall The spouse who contracted The spouse who contracted
contracted the be disqualified from the subsequent marriage in the subsequent marriage in
subsequent marriage in inheriting from the bad faith shall be bad faith shall be disqualified
bad faith shall be innocent spouse by disqualified to inherit from to inherit from the innocent
disqualified to inherit intestate succession. the innocent spouse by spouse by testate and intestate
from the innocent spouse Provisions in favor of the testate and intestate succession. (Art 43-5)
by testate and intestate offending spouse made in succession. (Art 43-5)
succession. (Art 43-5) the will of the innocent
spouse shall be revoked by
operation of law. (Art 63-4)
Donations by reason of Innocent spouse may Donations by reason of Donations by reason of
marriage shall remain revoke the donations marriage shall remain marriage shall remain valid,
valid, except that if the made by him or by her in valid, except that if the except that if the donee
donee contracted the favor of the offending donee contracted the contracted the marriage in
marriage in bad faith, spouse, as well as the marriage in bad faith, such bad faith, such donations
such donations made to designation of the latter as donations made to said made to said donee are
said donee are revoked beneficiary in any donee are revoked by revoked by operation of law.
by operation of law. (Art insurance policy, even if operation of law. (Art 43-3) (Art 43-3)
43-3) such designation be
stipulated as irrevocable.
The revocation of the

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 donations shall be recorded
in the registries of property
in the places where the
properties are located.
Alienations, liens and
encumbrances registered
in good faith before the
recording of the complaint
for the revocation in the
registries of property shall
be respected. The
revocation or change in the
designation of insurance
policy shall take effect
upon written notification
thereof to the insured. (Art
64, Par A)
The innocent spouse may The innocent spouse may The innocent spouse may
revoke the designation revoke the designation of revoke the designation of the
of the other spouse who the other spouse who acted other spouse who acted in bad
acted in bad faith as in bad faith as beneficiary faith as beneficiary in any
beneficiary in any in any insurance policy, insurance policy, even if such,
insurance policy, even if even if such, designation be designation be stipulated as
such, designation be stipulated as irrevocable. irrevocable. (Art 43-4)
stipulated as irrevocable. (Art 43-4)
(Art 43-4)
If both spouses of the If both spouses of the If both spouses of the
subsequent marriage subsequent marriage acted subsequent marriage acted in
acted in bad faith, said in bad faith, said marriage bad faith, said marriage shall
marriage shall be void ab shall be void ab initio and be void ab initio and all
initio and all donations all donations by reason of donations by reason of
by reason of marriage marriage and testamentary marriage and testamentary
and testamentary dispositions made by one in dispositions made by one in
dispositions made by one favor of the other are favor of the other are revoked
in favor of the other are revoked by operation of by operation of law. (Art 44)
revoked by operation of law. (Art 44)
law. (Art 44)
In the partition, the In the partition, the conjugal In the partition, the conjugal
conjugal dwelling and the dwelling and the lot on dwelling and the lot on which
lot on which it is situated, which it is situated, shall be it is situated, shall be
shall be adjudicated in adjudicated in accordance adjudicated in accordance
accordance with the with the provisions of Art. with the provisions of Art.
provisions of Art. 102 102 and 129 (Art 50) 102 and 129 (Art 50)
and 129 (Art 50)

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Property Regimes
Absolute Community of Property
Unless otherwise provided xxx, the community
property shall consist of all the property owned by
the spouses at the time of the celebration of
marriage or acquired thereafter (Art 91)
Properties excluded from the community property are
(1) property acquired during the marriage 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, xxx that they shall
form part of the community property
(2) property for personal and exclusive use of either
spouse xxx
(3) property acquired before the marriage by either
spouse who ahs legitimate descendants by a former
marriage, and the fruits as well as the income, if any
of such property (Art 92)
The administration and enjoyment of the
community property shall belong to the spouses
jointly. In case of disagreement, the husband’s
decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be
availed within 5 years from the date of the contract
implementing such decision xxx (Art 96)
Terminates (1) upon the death of either spouse; (2)
when there is a decree of legal separation; (3) when
the marriage is annulled or declared void; (4) in case
of judicial declaration of separation of property
during the marriage under Art. 134 to 138 (Art 99)
The following procedure for liquidation shall apply:
(1) an inventory shall be prepared, listing separately
all the properties of the absolute community and the
exclusive properties of each spouse; (2) debts and
obligations xxx 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 xxx (3) whatever remains of the
exclusive properties of the spouses shall thereafter
be delivered to each of them; (4) net remainder xxx
shall constitute of its net assets, which shall be
divided equally xxx (5) presumptive legitimes of the
Conjugal Partnership of Gains
Under the regime xxx, the husband and wife place in a
common fund in the proceeds, fruits and income from
their separate properties and those acquired by either
or both spouses through their efforts or by chance,
and, upon, dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either
or both spouses shall be divided equally between them,
unless otherwise agreed in the marriage settlements.
(Art 106)
The spouses retain the ownership, possession,
administration and enjoyment of their exclusive
properties. Either spouse may, during their marriage,
transfer the administration of his or her exclusive
property to other by means of a public instrument,
which shall be recorded in the registry of property of
the place the property is located (Art 110). Exclusive
property includes that which is brought to the marriage
as his or her own; that which each acquires during the
marriage by gratuitous title; that which is acquired by
right of redemption, barter or by exchange with
property belonging to only one of the spouses; and that
which is purchased with exclusive money of the wife or
of the husband (Art 109)
The administration and enjoyment of the conjugal
partnership shall belong to the spouses jointly. In case
of disagreement, the husband’s decision shall prevail,
subject to recourse to the court by the wife for proper
remedy, which must be availed within 5 years from the
date of the contract implementing such decision xxx
(Art 124)
Terminates (1) upon the death of either spouse; (2)
when there is a decree of legal separation; (3) when the
marriage is annulled or declared void; (4) in case of
judicial declaration of separation of property during the
marriage under Art. 134 to 138 (Art 126)
The following procedure for liquidation shall apply: (1) an
inventory shall be prepared, listing separately all the
properties of the conjugal partnership and the exclusive
properties of each spouse; (2) amounts advanced xxx in
payment of debts and obligations of either spouse shall
be credited to the conjugal partnership as an asset
thereof (3) each spouse shall be reimbursed xxx (4) debts
and obligations xxx shall be paid out of the conjugal
assets. In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with
their separate properties xxx (5) whatever remains of the
exclusive properties of the spouses shall thereafter be
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common children shall be delivered upon partition,
in accordance with Art 51 (6) unless otherwise
agreed upon by the parties, xxx 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, children
below 7 goes to the mother unless the court has
decided otherwise. In case there is no such majority,
the court shall decide xxx (Art 102)
delivered to each of them; (6) unless the owner had been
indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the
family xxx shall be paid to said spouse from the
conjugal funds, if any (7) net remainder xxx shall
constitute of the profits, which shall be divided equally
xxx (5) presumptive legitimes of the common children
shall be delivered upon partition, in accordance with
Art 51 (6) xxx the conjugal dwelling and the lot on
which it is situated shall, unless otherwise agreed upon
by the parties, be adjudicated to the spouse with whom
the majority of the common children choose to remain,
children below 7 goes to the mother unless the court has
decided otherwise. In case there is no such majority, the
court shall decide xxx (Art 129)
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