1. Concept Separation of property – refers to the separation of the exclusive and personal assets and/or properties of the husband and wife. a. How made Separation of property may either be: 1) Stipulated under a prenuptial agreement before marriage; or 2) Judicial separation of property during the marriage. 2. Prenuptial separation of properties The…
1. CPG Liquidation prior to Family Code Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such proof as may be…
1. Estate settlement proceedings Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. x x x 1) When a marriage ends because one spouse has died, the law requires that the conjugal partnership be…
1. Procedure Procedure for CPG Liquidation of Assets and Liabilities: Step 1: Inventory Step 2: Advances Step 3: Reimbursements Step 4: Debts and Obligations Step 5: Remaining Properties Step 6: Movable Properties Step 7: Net Remainder Step 8: Presumptive Legitimes Step 9: Conjugal Dwelling Step 1: Inventory Art. 129. Upon the dissolution of the conjugal…
1. Abandonment a. Definition Art. 128. x x x x x x A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. x x x 1) A spouse is considered to have abandoned the other if he or she leaves the shared marital…
1. Separation in Fact a. No effect on CPG Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership x x x 1) When a husband and wife are separated in fact — meaning they live apart or no longer share a household — their conjugal partnership…
1. Termination of CPG a. Death Art. 126. The conjugal partnership terminates: (1) Upon the death of either spouse; x x x 1) [CPG] ends automatically when one of the spouses dies. At that moment, the partnership is considered dissolved, and the properties accumulated during the marriage must eventually be divided between the surviving…
1. Donation under CPG a. Consent Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. x x x 1) This rule establishes that property owned jointly by the spouses under a conjugal partnership cannot be donated by only one of them. In other words, one spouse does not…
1. Administration of the CPG Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both 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 of within five years from the date of the…
1. Charges and Obligations against CPG a. Support Art. 121. The conjugal partnership shall be liable for: (1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; x x x Related provision:…