Art. 99. The absolute community terminates: x x x (2) When there is a decree of legal separation; x x x Related: Legal Separation, A56 Family Code 1) The absolute community of property — a legal setup where all properties acquired during the marriage are commonly owned by both spouses — officially ends when a…
Art. 99. The absolute community terminates: (1) Upon the death of either spouse; x x x 1) The legal system of absolute community of property, where spouses share ownership of all assets acquired during the marriage, comes to an automatic end if either the husband or the wife passes away. The death of one spouse…
1. Concept Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126) 1) Donation propter nuptias (by reason of marriage) – refers to donations or gifts given to either/both future spouses in consideration…
1. Rights and Obligations a. To live together Art. 68. The husband and wife are obliged to live together x x x 1) As expressed in Article 6845 of the Family Code, the marital covenants include the mutual obligations of husband and wife to live together, observe love, respect and fidelity and to help and…
1. Family Domicile Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. x x x 1) Article 69 of the Family Code… took away the exclusive right of the husband to fix the family domicile [under the Civil Code] and gave it jointly to the…
1. Effects of Annulment of Marriage a. Re-marriage Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Related provision: Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and…
1. Procedure for Annulment of a Voidable Marriage a. Who may file; Prescription Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his…
1. Concept Revoke – means “to annul by recalling or taking back”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/revoke [Accessed: 17 April 2025]) 2. Effects of Decree of Legal Separation, A63-64 Family Code 1) Live separately, but marriage bonds not severed Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall…
1. Concept Reconciling – means “to restore to friendship or harmony”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/reconciling [Accessed: 17 April 2025]) 2. Procedural a. Joint Manifestation Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation….
1. Procedural a. Cooling-off period: 6 months Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (103) (E.O. 209 [s. 1987], Family Code) 1) 6-month cooling off period – in the context of legal separation, refers to the mandatory…