Principles of Property Relations Between Husband and Wife under the Family Code

Topics: Marriage, Family law, Legitimacy Pages: 4 (962 words) Published: July 11, 2014
Principles of Property Relations between husband and wife under the family code

Family Code expressly repealed the Civil Code provision 

Art. 74:  Family Code
1.  by marriage settlements executed before the marriage
2.  by provisions of this Code
3.  by the local custom

the couple before marriage may enter into a marriage settlement that they want:

a) Absolute Separation of Property
b) Absolute Community of Property
c) Conjugal Partnership of Gains or Relative Community of Property d) Dowry system
and others...

If the parties entered into marriage without executing any marriage settlement as in the common practice among Filipino couples, then the SYSTEM OF ABSOLUTE COMMUNITY OF PROPERTY shall govern under the Family Code.

Absolute Community of Property After Aug. 3, 1988
Community - From Wikipedia Communis comes from a combination of the Latin prefix com- (which means "together") and the word munisprobably originally derived from the Etruscan word munis- (meaning "to have the charge of"). 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 (Art. 91) 

EXCEPTION:
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, testator or grantor that they shall form part of the community property

2. Property for personal and exclusive use of either spouse.  However, jewelry shall form part of the community property;

3. Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage and      the fruits as well as the income, if any, of such property.  (Art. 92, FC)

Alienation of community property shall be done with the consent of both the spouses. (Art. 145).

  
Conjugal Partnership of Gains or Relative Community of Property those acquired by onerous title during the...
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