Professional Documents
Culture Documents
ACP
CPG
Provisions
Shared
properties
laws
no right of
accretion will
apply, the
spouse will only
get his/her
designated share
If there is no
designation of
shares and if one
spouse cannot
get her share, the
other spouse will
own it as his/her
exclusive
property
If
designation
is not of
determinate
share
but of
determinate
properties,
the
spouse
will only
acquire
his/her
designated
properties
share
If donation is
ONEROUS,
amount of
charged shall be
settlement
borne by the
exclusive
property of
donee-spouse,
whenever they
have been
advanced by
CPG (114)
Will: For accretion to
apply
spouse are called
to the same
inheritance or
same portion
thereof
Pro indiviso (Not
divided) in terms
of specific
properties (that
means, division
of SHARES in
one property
does not mean
it's pro indiviso)
one spouse dies
before
inheritance was
renounced, or
spouse became
incapacitated to
receive it
3. Acquired by right of redemption, barter or
exchange, with property belonging only to one
spouse
4. Purchased with exclusive money of the spouse
5. Gratuities (115) - Act of liberality
6. Property bought on installments partly from
exclusive funds and CPG funds when ownership was
vested BEFORE the marriage (118)
Amount advanced by CPG shall be
reimbursed upon liquidation
7. Principal payments on credit due to one of the
spouses which is collectible in installments during
the marriage
8. When improvements (whether for utility or
adornment) is made on a separate property at
expense of CPG of acts/efforts of either/both
spouses, and cost of improvement made my CPG
results to an increase in value that is less than the
value of the property at time of improvement =
exclusive, subject to reimbursement of cost of
improvement (120)
admin-spouse,
both spouses, and
one spouse with consent of the other
1. Support of spouses, common children, and
acquired by:
Charges
to
property
relations
admin-spouse,
community property
community property
liquidation
liquidation (1 condition)
Art. 121
Art. 94
(123)
Ownership,
ON CPG: (124)
decisions
administration,
SUMMARY PROCEEDING
enjoyment
disposition or encumbrance =
and
disposition
of
withdrawal of offer
properties
expressly or impliedly
disposition or encumbrance =
continuing offer until perfected by
withdrawal of offer
With knowledge but NO CONSENT
art. 96
still in existence
No judicial settlement proceeding =
still in existence
No judicial settlement proceeding =
disposition/encumberance involving
disposition/encumberance involving
subsequent marriage
subsequent marriage
Dissolution
2. Decree of legal separation (99)
Can be revived by reconciliation
3. Nullity or annulment of marriage (99)
52,53
52,53
4. JDS (99)
4. JDS (99)
Involuntary causes
Involuntary causes
interdiction
interdiction
failed to perform
failed to perform
marital/parental/property relations
marital/parental/property relations
reappearing spouse
reappearing spouse
affect
property
relations
except:
Spouse
abandons
(left
conjugal
dwelling
without
intention
of
returning;
gone for 3
months or
failed to
give info
as to his
whereabouts
= prima
facie
presumed
to have no
receivership
receivership
JDS
JDS
intention
of
returning)
or fails to
comply
with
marital,
parental,
or
property
relations
obligations
(101/128)
1. Procedures (IPERPC)
shared)
separate properties
waiver
Common children
Liquidation
delivered
(120)
Descendants of common
children
(102)
innocent party
delivered
waiver
by court
whichever is known:
Common children
Descendants of common
children
ALL Marriages
innocent party
Subsequent void marriage = Use
43(2)
Presumptive legitimes shall be delivered to
common children in accordance to Art. 51
Conjugal dwelling and lot shall be
adjudicated to spouse with majority of
children. No majority = court shall decide,
considering best interest of children
Children below 7 yrs old = choose
mother, unless otherwise decided
by court
2. Support, during liquidation, for surviving spouse
and children shall come from the common mass of
property until what belongs to them is already
delivered
But what has been given to them for
support shall be deducted from amount
received insofar as they exceed what they
may have been entitled to as fruits or
income