ACP vs CPG - review PDF

Preview

Summary

Absolute Community Property Conjugal Partnership of Gains Default regime if there is no marriage settlement Consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter o Any winnings from any game of chance shall form part of the ACP (Art. 9...

Description

Absolute Community Property

Conjugal Partnership of Gains

- Default regime if there is no marriage settlement - Consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter o Any winnings from any game of chance shall form part of the ACP (Art. 95)

- Default regime before August 3, 1988 (before the effectivity of Family Code) of the Family Code

Exception: If previous marriage is terminated by death and there is no liquidation of the property regime of the previous marriage the subsequent marriage shall be governed by Complete Separation Of Property •

Exclusions: - Separate property to remain separate, they must subsist and be maintained as such. If the owner sells, barter or exchange the property he/she parts with the property, and the proceeds coming from the sale is not excluded in the ACP

- Spouses shall place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance - All property acquired during the marriage is presumed to be conjugal; Regardless that is made, contracted or registered in the name of one or both spouses - Net gains or benefits in the CPG shall be divided equally by both spouses - Spouses retain the ownership, possession and administration and enjoyment in their exclusice properties

- Payment of Personal Debts shall not be charged to the CPG , but incase of absence or insufficiency 1. Marriage Settlement 2. Property acquired by Gratuitous Title of Exclusive Property shall be paid out of the CPG but subject to indemnification upon liquidation as well as the fruits and income (Except: Expressly Provided by Donor, Testator or Grantor) • Exclusions: 3. Property for Personal and Exclusive Use (Except: Jewelry) Req: a) Brought inside the marriage or were acquired during the marriage b) Must be interpreted in terms of value 4. Property Acquired before the marriage who has legitimate descendants by former marriage.

1. Brought to the marriage as his or her own 2. Gratuitous title acquired during the marriage (However the fruits and income shall be considered conjugal) Including: - Retirement benefits - Usufructs - Pensions -Annuities -Similar Benefits 3. Acquired by right of redemption, by barter or by exchange with property belonging to only one spouse 4. Purchased with the exclusive money of the wife and the husband

•

•

Charges upon the Absolute Community: ( In case of Insufficiency the spouses shall be solidary liable with their separate properties except in No.10)

1. Support : - Spouses - Common Children - Legitimate Children of Either Spouse 2. All Debts and Obligation contracted during the marriage by: - Designated Administrator Spouse for the benefit of the community (There must be a proof to show that it redounded to benefit of the family) !"Both"Spouses" !" One" spouse" with" the" Consent" of" the"other""(Consent"may"be"express" or"Implied)" " 3. Debts& and& Obligations" contracted" by" either" spouse" w/o" consent" of" the" other" to" the"extent&that&the&family&may&have&been& benefited" " 4. All,"upon"the"community"property:"(TLCE)" " !Taxes" !Liens" !Charges" " !Expenses" including" major" and" minor"repairs" " 5. All& taxes& and& expenses" for" the" preservation"of"the"separate"property"used& by&the&family& " 6. Expenses" to" enable" either" spouse" to" commence" or" complete" a" professional" or" vocational"course,"or"other"activity"for"self! improvement" " 7. Ante>nuptial&debts"insofar"as"it"redounded" to"the"benefit"of"the"family" " " " " " "

Charges upon the Conjugal Partnership of Gains: (In case of Insufficiency the spouses shall be solidary liable with their separate properties)

1. Support : - Spouses - Common Children - Legitimate Children of Either Spouse 2. All Debts and Obligation contracted during the marriage by: - Designated Administrator Spouse for the benefit of the community (There must be a proof to show that it redounded to benefit of the family) !"Both"Spouses" !" One" spouse" with" the" Consent" of" the" other" " (Consent" may" be" express"or"Implied)" " 3. Debts& and& Obligations" contracted" by" either"spouse"w/o"consent"of"the"other"to" the" extent& that& the& family& may& have& been&benefited" " 4. All," upon" the" community" property:" (TLCE)" !Taxes" !Liens" !Charges" !Expenses" including" major" and" minor"repairs" " 5. All& taxes& and& expenses" for" the" preservation" of" the" separate" property" used&by&the&family& " 6. Expenses" to" enable" either" spouse" to" commence" or" complete" a" professional" or" vocational" course," or" other" activity" for" self!improvement"

" 7. Ante>nuptial& debts" insofar" as" redounded"to"the"benefit"of"the"family" " " "

it"

" " "

" " " 8. The" value" of" what" is" donated& by" the" spouses" for" the" commencement" or" completing& professional& or& vocational" course" or" other" activity" for" self! improvement"

"

8. The" value" of" what" is" donated& by" the" spouses" for" the" commencement" or" completing& professional& or& vocational" course" or" other" activity" for" self! improvement" "

("Must"be"by"both"spouses,"otherwise"it"will" fall" under" the" prohibition" of" donations" under"Art"87)" "

(" Must" be" by" both" spouses," otherwise" it" will" fall" under" the" prohibition" of" donations"under"Art"87)" "

9. Expenses&of&litigation& &

9. Expenses&of&litigation& &

Requisite:" a) The" suit" is" between" husband" and" wife" b) The"suit"is"not"groundless" "

Requisite:" c) The" suit" is" between" husband" and" wife" d) The"suit"is"not"groundless" "

10. In& case& of& insufficiency& of& the& exclusive& property& of& the& debtor>spouse,& the& payment& shall& be& considered& as& advances& to& be& deducted& upon& liquidation&of&the&community&property:" & a) Antenuptial Debts of either spouse that did not redound to the benefit of the family b) Support of Illegitimate Children of either spouse c) Liabilities incurred by reason of crime and quasi-delict

•

Ownership,& Administration,& Enjoyment& and&Disposition&of&the&ACP& " 1. Shall"be"enjoyed"and"administrated"by"both" spouses." " o In" case" of" disagreement" the" husband’s" decision" will" prevail," subject" to" the" recourse" of" the" wife" in" the" court" for" a" proper"remedy." Prescriptive" period:" within" 5" years" from" the" date"of"contract"implementing"such"decision" " o May" be" validly" delegated" to" only" one" spouse"in"a"marriage"settlement" " o Do" not" require" that" the" husband" and" wife" always act together

•

Inclusions&in&the&CPG& & 1. Acquired" by" onerous" title" during" the" marriage" at" the" expense" of" the" common"fund" 2. Obtained" through" labor," work," profession" and" industry" of" either" or" both"spouses" 3. Fruits,"Natural,"Industrial,"Civil"due"or" received" during" the" marriage" from" the" common" property" and" the" Net" fruits"of"their"exclusive"property" 4. Share"of"the"hidden"treasure"to"which" the"law"awards"to"the"finder"or"owner" of"the"property" 5. Acquired" through" occupation" of" hunting"and"fishing" 6. Livestock" existing" upon" the" dissolution" of" the" partnership" in" excess" of" the" number" of" each" kind" brought"to"the"marriage" 7. Acquired" by" chance," winning" from" gambling"or"betting" " (Losses"shall"be"borne"by"the"exclusively"by"the" loser!spouse)" " " " " "

" " " " o Any" disposition" by" one" spouse" of" the" said" properties" without" the" knowledge" and" consent"of"the"other"is"null"and"void" " o May"dispose"by"will"his/her"interest" Exception:"Encroachment"of"legitimes" " o Neither" spouse" can" donate" w/o" the" consent"of"the"other" Exception:"Moderate"Donations"for"charity" or"occasions"of"family"rejoicing" " " 2. If" one" of" the" spouses" is" incapacitated" or" unable" to" participate" in" the" administration" the"following"rules"shall"apply:" " a) The" other" spouse" may" assume" sole" power"of"administration" !"Summary"Proceeding"(if"it"involves" abandonment,"separated"or"absent)" !"Judicial"Guardianship" (if"Incompetent."i.e"comatose,stroke)" " b) Except" the" powers" of;" (However," transaction" shall" be" construed" as" continuing" offer," and" may" be" perfected"as"a"binding"contract"upon" the" consent" of" the" other" spouse" or" authority"of"the"court)" " !"Disposition" !Encumbrance" " Exception"to"the"exception:" " !Authority"of"the"Court" !Written"Consent" " • Dissolution&of&ACP& & " i. Death"of"either"spouse& ii. Decree"of"Legal"Separation& iii. Annulment" Decree" or" Declaration" of"Nullity& iv. Judicial" Declaration" of" Separate" Property& "

•

Rules&on&Conditional&Contract&of&Sale:& (paid" partly" by" the" exclusive" and" the" CPG)" " !" If" ownership" is" vested" before" the" marriage"it"belongs;"to"the"buyer" " !" If" ownership" vested" during" the" marriage;"to"the"CPG" " • Rules& on& Credits& belonging& to& one& spouse& " !"Whatever"may"be"collected"shall"be"the" exclusive"property"of"the"spouse" " Except" :" Interest" in" such" debt" shall" belong"to"the"CPG" " • Ownership,& Administration,& Enjoyment&and&Disposition&of&the&ACP& " 1. Shall" be" enjoyed" and" administrated" by" both"spouses." " o In" case" of" disagreement" the" husband’s" decision" will" prevail," subject" to" the" recourse" of" the" wife" in" the" court" for" a" proper"remedy." Prescriptive"period:"within"5"years" from"the" date"of"contract"implementing"such"decision" " o May"dispose"by"will"his/her"interest" Exception:"Encroachment"of"legitimes" o Neither" spouse" can" donate" w/o" the" consent"of"the"other" Exception:" Moderate" Donations" for" charity"or"occasions"of"family"rejoicing" •

Dissolution&of&ACP& i. Death"of"either"spouse& ii. Decree"of"Legal"Separation& iii. Annulment"Decree"or"Declaration" of"Nullity& iv. Judicial" Declaration" of" Separate" Property&

•

•

Effects of Separation in Fact

•

Effects of Separation in Fact

General Rule: It will not affect the property regime

General Rule: It will not affect the property regime

Exception: a) No support for the spouse who leaves the conjugal home without just cause b) When the consent of one spouse in a transaction is required by law; judicial authorization may be obtained in a summary proceeding c) In case of absence or insufficiency of ACP, separate property of both spouses shall be solidary liable for the support of the family

Exception: d) No support for the spouse who leaves the conjugal home without just cause e) When the consent of one spouse in a transaction is required by law; judicial authorization may be obtained in a summary proceeding f) In case of absence or insufficiency of ACP, separate property of both spouses shall be solidary liable for the support of the family

( The spouse present, upon proper petition in a summary proceeding be given judicial authority to administer or encumber any separate property of the other spouse)

( The spouse present, upon proper petition in a summary proceeding be given judicial authority to administer or encumber any separate property of the other spouse)

Remedy for Abandonment without Just Cause (left the conjugal dwelling w/o intention of returning) or Failure to comply with Obligations (Marital, Parental and Property Relations) in ACP; The aggrieved spouse may petition to the court for:

•

a) Receivership b) Judicial Separation of Property c) Authority to be the sole administrator of the ACP

Remedy for Abandonment without Just Cause (left the conjugal dwelling w/o intention of returning) or Failure to comply with Obligations (Marital, Parental and Property Relations) in ACP; The aggrieved spouse may petition to the court for: d) Receivership e) Judicial Separation of Property f) Authority to be the sole administrator of the ACP

(No intention of returning: left the conjugal dwelling for 3 months or failed to give (No intention of returning: left the conjugal whereabouts) dwelling for 3 months or failed to give whereabouts)

•

Liquidation of ACP assets and liabilities

1. Inventory; List of all the properties of the ACP and Exclusive properties of each spouse 2. Debts and Obligations in ACP shall be paid out of its assets. In case of insufficiency the separate property of both spouse shall be solidarily liable for the unpaid balance

•

Liquidation of CPG assets and liabilities

1. Inventory; List of all the properties of the ACP and Exclusive properties of each spouse 2. Advances in the CPG for payment of debts and obligation shall be credited to the CPG

3. Remains in the exclusive property shall be delivered to the spouses 4. Net assets shall be divided between the spouses equally Except: - Different proportion agreed upon in marriage settlement - Waiver (In cases of forfeiture due to bad faith net profits shall be the increase in value between market value of the community property at the time of the celebration of marriage and the time of dissolution) 5. Delivery of the Presumptive Legitimes (Presumed Inheritance) of the Common Children 6. Conjugal Dwelling shall be adjudicated to the spouse where the majority of the children choose to remain. In case no majority the court shall decide. In the absence of agreement in the partition of properties this rule shall apply.

3. Reimbursement for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law 4. Debts and Obligations shall be paid out of conjugal assets; In case of insufficiency the exclusive property of both spouses shall be solidary liable 5. Delivery of whatever Conjugal Partenership

remains in

the

6. Loss or deterioration of the movables used by the family belonging to either spouse, even due o fortuitous even shall be paid out of conjugal funds Except : The owner has been indemnified from whatever source 7. Net remainder shall constitute the profits and shall be divided equally between spouses Except: Different proportion or division agreed in marriage settlement 8. Conjugal Dwelling shall be adjudicated to the spouse where the majority of the children choose to remain. In case no majority the court shall decide. In the absence of agreement in the partition of properties this rule shall apply.

Judicial Separation of Property - Judicial Separation of Property may be voluntary or for sufficient causes

Property Regime of Unions Without Marriage Special Co-Ownership (Art. 147) Requisites:

•

Sufficient Causes for Judicial Separation Spouse of the Petitioner:

1. Sentenced to a penalty which carries with it civil interdiction 2. Loss of Parental authority 3. Judicial Declaration of Absence 4. Abandonment and Failure to comply Obligations 5. Abuse of the granted powers of Administration 6. Spouses are separated in fact and reconciliation is highly improbable •

Revival of Property Regime

1. 2. 3. 4.

Civil Interdiction terminates Parental Authority is restored Absentee spouse reappears Court is satisfied that the other spouse will not abuse the powers of administration 5. Spouses separated in fact shall reconcile and resume common life 6. Spouse who left conjugal home resumes common life 7. In case of voluntary JSP, Agreement to revive former property regime •

Administration of exclusive property may be transferred to the other on the ff. circumstances: 1. When one spouse becomes the guardian of the other 2. When one spouse is judicially declared an absentee 3. When one spouse is sentenced to a penalty which carries civil interdiction 4. When one spouse is a fugitive from justice or in hiding as an accused criminal

1. Man and Woman are Capacitated to Marry each other 2. Live exclusive as husband and wife 3. Without the benefit of marriage or under a void marriage Rules 1. Wages and salaries shall be owned by them in equal 2. In absence of proof; Presumption of equal share applies 3. A party who did not participate is deemed to have contributed jointly if the efforts consisted in the care and maintenance of the family and the household 4. Neither can encumber his or her share in the property acquired during cohabitation and owned in common w/o consent of the other until after the termination of their cohabitation 5. Party in bad faith’s share shall be forfeited in favor of common children. In case of default or waiver: - descendants -Innocent party

Limited Co-Ownership (Art.148) Requisites: 1. Man and Woman not capacitated to marry each other 2. Live exclusive as husband and wife Rules 1. Properties acquired by both of them through their actual joint contribution shall be owned by them in proportion of their respective shares 2. In the absence of proof the Presumption of equal shares will apply Including: Joint Deposits of money and credit 3. If one of the parties is validly married his/her share shall be included in the property regime of that marriage 4. Party in bad faith’s who is not validly married share shall be forfeited in favor of common children. In case of default or waiver: - descendants -Innocent party...