Property Regime of Unions Without

Section Absolute Community Conjugal Partnership of Gains Separation of Property Regime of Separation of Property
Marriage

Art 147. When a man and a woman who

Art 134. In the absence of an express are capacitated to marry each other, live
declaration in the marriage settlements, exclusively with each other as husband
Art 105. The provisions in this chapter shall the separation of proerty between and wife or under a void marriage, their
Art 143. The provisions in this chapter
— be of supplementary application and also spouses during the marriage shall not wages and salaries shall be owned by
shall be of supplementary application.
be applied. take place except by judicial order. Such them in equal shares and the property
judicial separation of property may either acquired by both of them through their
be voluntary or for sufficient cause. work or industry shall be governed by
the rules of co-ownership.

In the absence of proof to the contrary,

properties acquired while they lived
Art 106. The husband and wife place in a
together shall be presumed to have been
common fund the proceeds, products,
obtained by their joint efforts, work or
fruits and income from their separate Art 144. Separation of property may industry, and shall be owned by them in
properties and those acquired by either or refer to present or future or both. It
Art 135. Any of the following shall be equal shares. For purposes of this Article,
both spouses through their efforts or by may be total of partial. In the latter
— considered sufficient cause for judicial a party who did not participate in the
chance, and upon dissolution of the case, the property not agreed upon as
separation: acquisition by the other party pf any
marriage or of the partnership. The net separate shall pertain to the absolute
property shall be deemed to have
gains or benefits obtained shall be divided community.
contributed jointly in the acquisition
equally between them, unless otherwise
thereof if the former’s efforts considered
agreed in marriage settlements.
in the care and maintenance of the
family and of the household.

Art 145. Each spouse shall own,

dispose of, possess, administer and
Art 88. The absolute community shall enjoy his or her own separate estate,
commence at the precise moment that without need of consent of the other.
1. That the spouse of the petitioner shall
the marriage is celebrated. Any To each spouse shall belong all
be sentenced to a penalty which carries Neither party can remember or dispose
stipulation, express or implied, for the earnings from his or her profession,
commencement at any other time shall with it civil interdiction business or industry and all fruits, by acts inter vivod of his or her share in
be void. natural, industrial or civil, dur or the property acquired during
received during the marriage from his cohabitation and owned in common
or her separate property. without the consent of the other, until
after the termination of their
cohabitation.

When only one of the parties to a void

marriage is in good faith, the share of
Art 107. The rules provided in Articles 88 the party in bad faith in the co-
and 89 shall also apply.
ownership shall be forfeited in favor of
their common children. In case of default
of or waiver by any or all of the common
children or their descendants, each
vacant share shall belong to the
respective surviving descendants. In the
absence of descendants, such share
belong to the innocent party. In all cases,
the forfeiture shall take place upon
termination of the cohabitation.
 the property acquired during
cohabitation and owned in common
without the Regime
Property consentof
ofUnions
the other, until
Without
Section Absolute Community Conjugal Partnership of Gains Separation of Property Regime of Separation of Property after the termination of their
Marriage
cohabitation.

When only one of the parties to a void

marriage is in good faith, the share of
Art 89. No waiver of rights, interests, Art 107. The rules provided in Articles 88
and 89 shall also apply. the party in bad faith in the co-
shares and effects during the marriage ownership shall be forfeited in favor of
can be made except in case of judicial their common children. In case of default
separation of property. Art 146. Both spouses shall bear the of or waiver by any or all of the common
family expenses in proportion to their children or their descendants, each
When the waiver takes place upon a income, or in case of insufficiency or vacant share shall belong to the
judicial separation of property, or after default thereof, to the current market respective surviving descendants. In the
2. That the spouse of the petitioner has
the marriage has been dissolved or value of their separate properties. absence of descendants, such share
been judicially declared an absentee
annulled, the same shall appear in a belong to the innocent party. In all cases,
public instrument and shall be recorded The liability of the spouse to the the forfeiture shall take place upon
as provided in Article 77. The creditors of creditors for family expenses shall, termination of the cohabitation.
the spouse who made such waiver may however, be solidary.
petition the court to rescind the waiver
to the extent of the amount sufficient to
cover the amount of their credits.

Art 108. The conjugal partnership shall be

Art 148. In cases of cohabitation not
Art 90. The provisions on co-ownership governed by the rules on the contract of
3. That loss of parental authority of the falling under the preceeding Article, only
shall apply to the absolute community of partnership in all that is not in conflict with spouse of petitioner has been decreed by
— the properties acquired by both of the
property between the spouses in all what is expressly determined in this
Chapter or by the spouses in their marriage the court
parties through their actual joint
matters not provided in this Chapter.
contribution of money, property,
settlements.

or industry shall be owned by them in

4. That the spouse of the petitioner has common in proportion to their
abandoned the latter or failed to comply respective contributions. In the ansence
— — —
with his or her obligations to the family as of the proof to the contrary, their
provided in Article 101 contributions and corresponding shares
are presumed to be equal. The same rule
and presumption shall apply to joint
5. That the spouse granted the power of deposits of money anf evidences of
— — administration in the marriage in the — credit.
settlements has abused that power
If one of the parties is validly married to
6. That at the time of the petition, the another, his or her share in the co-
spouses have been separated in fact for ownership shall accrue to the ansolute
— — —
at least one year and reconciliation is communuty or conjugal partnership
higly improbable existing in such valid marriage. If the
party who acted in bad faith is validly
In the cases provided for in number 1, 2 married to another, his or her share shall
and 3, the presentation of the final be forfeited in the manner provided in
judgment against the gulity or absent the last paragraph of the preceding
— — — Article.
spouse shall be enough basis for the
grant of the decree of judicial separation
of power The foregoing rules in forfeiture shall
likewise apply even if both parties are in
bad faith.

General Provisions
 the last paragraph of the preceding
Article.

TheProperty Regime
foregoing of forfeiture
rules in Unions Without
shall
Section Absolute Community Conjugal Partnership of Gains Separation of Property Regime of Separation of Property
Marriage
likewise apply even if both parties are in
bad faith.

Art 136. The spouses may jointly file a

verified petition with the court for the
voluntary dissolution of the absolute
community or the conjugal partnership of
gains, and for the separation of their
common properties.

— — All creditors of the absolute community —

or of the conjugal partnership of gains, as
General Provisions well as the personal creditors of the
spouse, shall be listed in the petition and
notified of the filing thereof. The court
shall take measures to protect the
creditors and other persons with
pecuniary interest.

Art 137. Once the separation of property

has been decreed, the absolute
community or the conjugal partnership of
gaind shall be liquidated in conformity of
this Code.
— — — —
During the pendency of the proceedings
for separation of property, the absolute
community or the conjugal partnership
shall pay for the support of the spouses
and their children.

Art 138. After dissolution of the absolute

community or the conjugal partnership,
— — — —
the provisions on complete separation of
property shall apply.

Art 139. The petition for separation of

property and the final judgement
— — granting the same shall be recorded in — —
the proper civil registries and registries of
property.

Art 140. The separation of property shall

— — not prejudice the rights previously — —
acquired by creditors.

Art 141. The spouses may, in the same

proceedings where separation of
property was decreed, file a motion in
— — court for a decree reviving the property — —
regime that existed between them before
the separation of property in any of the
following instances:

— — 1. When civil interdiction terminates — —

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— — 2. When the absentee spouse reappears — —

3. When the court, being satisfied that

the spouse granted the power of
— — administration in the marriage — —
settlements will not again abuse that
power, authorizes the resumption of said
administration

4. When the spouse who has left the

conjugal home without a decree of legal
— — — —
separation resumes common life with the
other

5. When the parental authority is

— — judicially restored to the spouse — —
previously deprived thereof
6. When the spouses who have been
— — separated in fact for at least one year, — —
reconcile and resume common life

7. When after voluntary dissolution of the

absolute community of property or
conjugal partnership has been judicially
— — decreed upon the joint petition of the — —
spouses, they agree to the revival of the
property regime. No voluntary separation
of property may thereafter be granted.

Art 142. The administration of all classes

— — of exclusive property of either spouse — —
may be transferred by the court to the
other spouse:
— — 1. When one spouse become 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 with it civil — —
interdiction
4. When one spouse becomes a fugitive
— — from justice or is in hiding as an accused — —
in a criminal case
If the other spouse is not qualified by
reason of incompetence, conflictbof
— — interest, or any other just cause, the — —
court shall appoint a suitable person to
be the administrator.

— Art 109. The following are exclusive — — —

property of each spouse:

— 1. That what is brought to the marriage as — — —

his or her own
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2. That which each acquires during the
— — — —
marriage by gratuitious title

3. That which is acquired by right of

redmeption, by barter or by exchange with
— — — —
property belonging to only one of the
spouse

4. That which is purchased with exclusive

— — — —
money of the wife or of the husband

Art 110. The spouses retain the ownership,

possession, administration and enjoyment
of their exclusive properties.

Either spouse may, during the marriage,

— — — —
transfer the administration of his or her
exclusive properties to the other by means
of a public instrument, which shall be
recorded in the registry of property of the
place where the property is located.

Art 111. Either spouse may mortgage,

— encumber, alienate or otherwise dispose — — —
What Does Not his or her exclusive property.
Constitue
(Exclusive
Property)
Art 112. The alienation of any exclusive
property of a spouse administered by the
other automatically terminates the
— — — —
administration over such property and the
proceeds of the alienation shall be turned
over to the owner-spouse.

Art 113. Property donated or left by will to

the spouses, jointly and with designation of
determinate shares, shall pertain to the
— donee-spouse as his or her own exclusive — — —
property, and in the absence of
designation, share and share alike, without
prejudice to the right of accretion when
proper.

Art 114. If the donations are onerous, the

amount of charges shall be borne by the
— exclusive property of the donee-spouse, — — —
whenever they have been advanced by the
conjugal partnership of gains.
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Art 115. Retirement benefits, pensions,

annuities, gratuities, usurfucts and similar
— benefits shall be governed by the rules on — — —
gratuitous or onerous acquisitions as may
be proper in each case.

Art 91. Unless otherwise provided in this Art 116. All property acquired during the
Chapter or in the marriage settlements, marriage, whether the acquisition appears
the community property shall consist of to have been made, contracted or
— — —
all the property owned by the spouses at registered in the name of one or both
the time of the celebration of the spouses, is presumed to be conjugal unless
marriage or acquired thereafter. the contrary is proved.

Art 92. The following shall be excluded Art 117. The following are conjugal — — —
from the community property: partnership properties:

1. Property, fruits, income acquired 1. Those acquired by onerous title during

during the marriage by gratuitous title by the marriage at the expense of the — — —
either spouse common fund, whether the acquisition be
for the partnership, or for only one of the
spouses
2. Property for personal and exclusive
2. Those obtained from the labor, industry,
use of either spouse; however, jewelry
work or profession of either or both of the — — —
shall form part of the community
spouses
property

3. Property, fruits, and income acquired 3. The fruits, natural, industrial, or civil, due
before the marriage by either spouse or received during the marriage from the
— — —
who has legitimate descendants by a common property, as well as the net fruits
former marriage from the exclusive property of each spouse

4. The share of either spouse in the hidden

treasure of which the law awards to the
— — — —
finder or owner of the property where the
treasure is found
5. Those acquired through occupation such
— — — —
as fishing or hunting

6. Livestock existing upon the dissolution of

— the partnership in excess of the number of — — —
each kind brought to the marriage by either
spouse
7. Those which are acquired by chance,
such as winnings from gambling or betting.
— — — —
However, losses therefrom shall be borne
exclusively by the loser-spouse.

What Constitutes
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Art 118. Property bought on installments

paid partly from exclusive funds of either or
both spouses and oartly from conjugal
funds belongs to the buyer or buyers if full
Art 93. Property acquired during the ownership was vested before the marriage
marriage is presumed to belong to the and to the conjugal partnership if such
What Constitutes — — —
community, unless it is proved that is ownership is vested during the marriage. In
one of those excluded therefrom. either case, any amount advanced by the
partnership or by either or boths spouses
shall be reimbursed by the owner or
owners upon the liquidation of the
partnership.

Art 119. Whenever an amount or credit

payable within a period of time belong to
one of the spouses, the sums which may be
collected during the marriage in partial
— payments or by installments on the — — —
principal shall be the exclusive property of
the spouse. However, interests falling due
during the marriage on the principal shall
belong to the conjugal partnership.
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Art 120. The ownership of improvements,
whether for utility or adornment, made on
the separate property of the spouses at the
expense of the partnership or through the
acts or efforts of either or both spouses
shall pertain to the conjugal partnership or
to the orginal owner-spouse subject to the
following rules:

When the cost of the improvement made

by the conjugal partnership and any
resulting increase in value are more than
the value of the property at the time of
improvement, the entire property of one of
the spouse shall belong to the conjugal
partnership, subject to reimbursement of
the value of the property of the owner-
spouse at the time of the improvement;
— otherwise, said property shall be retained — — —
in ownership by the owner-spouse, likewise
subject to reimbursement of the cost of the
improvement.

In either case, the ownership of the entire

property shall be vested upon the
reimbursment, which shall be made at the
time of the liquidation of the conjugal
partnership.

Art 94. The absolute community shall be — — —

liable for: Art 121. Shall be liable for:

1. The support of the spouses, their

1. The support of the spouses, their
common children, and legitimate
common children, and legitimate children
children of either spouse, the support of
of either spouse, the support of the — — —
the illegitimate children shall be
illegitimate children shall be governed by
governed by the provisions of this Code
on Support the provisions of this Code on Support

2. All debts and obligations contracted

during the marriage but the designed 2. All debts and obligations contracted
— — —
administrator-spouse for the benefit with during the marriage bu the designed
the consent of the other administrator-spouse for the benefit with
the consent of the other
3. Debts and obligations contracted
without the consent of the other to the
3. Debts and obligations contracted without — — —
extent that the family may have been
benefited the consent of the other to the extent that
the family may have been benefited
4. All taxes, liens, charges and expenses 4. All taxes, liens, charges and expenses — — —
upon the community property upon the conjugal partnership property
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5. All taxes and expenses for 5. All taxes and expenses for preservation — — —
preservation upon the separate property upon the separate property of each spouse
of each spouse used by the family used by the family
6. Expenses to commence or complete a 6. Expenses to commence or complete a
professional or vocational course, or professional or vocational course, or other — — —
other activity for self-improvement activity for self-improvement

7. Antenuptial debts insofar as they have 7. Antenuptial debts insofar as they have — — —
redounded to the benefit of the family redounded to the benefit of the family

8. The value of what is donated or

promised in favor of the common 8. The value of what is donated or
legitimate children for the exclusive promised in favor of the common
legitimate children for the exclusive — — —
purpose of commencing or completing a
professional or vocational course or purpose of commencing or completing a
other activity for self-improvement professional or vocational course or other
activity for self-improvement

9. Antenuptial debts other than those

falling under paragraph 7: the support of
illegitimate children, liabilities incurred
by reason of a crime or a quasi-delict, the
— — — —
payment of which shall be considered as
Charges Upon and advances to be deducted from the
Obligations debtor-spouse upon liquidation of the
community

10. Expenses of litigation between the 9. Expenses of litigation between the

spouses unless the suit is found to be spouses unless the suit is found to be — — —
groundless groundless
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If the community property is insufficient
enough to cover the foregoing liabilities,
except those falling under paragraph 9,
the spouses shall be solidarily liable for
the unpaid balance with their separate
properties. Art 122. The payment of personal debts
contracted by either spouse before or
during the marriage shall not be charged to
the conjugal partnership except insofar
redounded to the benefit of the family.

Neither shall the fines and indemnities

imposed upon them be charged to the
partnership.

However, the payment of personal debts

contracted by either spouse before the
— — —
marriagr, that of fine or indemnities impose
upon them, as well as the support of
illegitimate children of either spouse, may
be enforced against the partnership assets
after the responsibilities eneumerated in
the preceding Article have been covered, if
the spouse who is bound should have no
exclusive property or if it should be
insufficient, but at the time of the
liquidation of the partnership, such spouse
shall be charged for what has been paid for
the purposes above-mentioned.

Art 95. Whatever may be lost during the Art 123. Whatever may be lost during the
marriage in any game of chance, betting, marriage in any game of chance, betting,
sweepstakes, or any other kind of sweepstakes, or any other kind of gambling,
gambling, whether permitted or whether permitted or prohibted by law,
— — —
prohibted by law, shall be borne by the shall be borne by the loser and shall not be
loser and shall not be charged to the charged to the community but any
community but any winnings shall form winnings shall form part of the community
part of the community property. property.
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Art 96. Administration and enjoyment Art 124. Administration and enjoyment
shall belong to both spouses jointly. In shall belong to both spouses jointly. In case
case of of disagreement, the husband’s of of disagreement, the husband’s decision
decision shall prevail subject to recourse shall prevail subject to recourse to the
to the court by the wife for a proper court by the wife for a proper remedy
remedy which must be availed of within which must be availed of within five years
five years from the date of the contract from the date of the contract implementing
implementing such decision. such decision.

In the event that one spouse is In the event that one spouse is
incapacitated or unable to participate in incapacitated or unable to participate in the
the administration, the other spouse may administration, the other spouse may
assume sole powers of administration. assume sole powers of administration.
— — —
These powers do not include disposition These powers do not include disposition
and encumbrance without the authority and encumbrance without the authority of
of the court or the written consent of the the court or the written consent of the
other spouse. In the absence of such, other spouse. In the absence of such,
disposition and encumbrance shall be disposition and encumbrance shall be void.
Ownership, void. However, the transaction shall be However, the transaction shall be
Administration, construed as a continuing offer on the construed as a continuing offer on the part
Enjoyment and part of of the consenting spouse and the of of the consenting spouse and the third
Disposition third lerson, and may be perfected as a lerson, and may be perfected as a binding
binding contract upon the acceptance by contract upon the acceptance by the other
the other spouse or authorization by the spouse or authorization by the court before
court before the offer is withdrawn by the offer is withdrawn by either or both
either or both offerors. offerors.

Art 97. Either spouse may dispose by will

of his or her interest in the community — — — —
property (not more than 1/2 and shall be
through will)

Art 98. Neither spouse may donate any Art 125. Neither spouse may donate any
community property without the consent community property without the consent
of the other. However, either spouse of the other. However, either spouse may
— — —
may without consent make moderate without consent make moderate donations
donations for charity or on accasions of for charity or on accasions of family
family rejoicing or family distress rejoicing or family distress

Art 99. The absolute community Art 126. The absolute community — — —
terminates: terminates:
1. Upon the death of either spouse 1. Upon the death of either spouse — — —
2. When there is decree of legal — — —
separation 2. When there is decree of legal separation
3. When the marriage is annulled or 3. When the marriage is annulled or — — —
declared void declared void
4. In case of judicial separation of 4. In case of judicial separation of property
property during the marriage under during the marriage under Articles 134 to — — —
Articles 134 to 138 138
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Art 100. The separation in fact shall not Art 127. The separation in fact shall not — — —
affect the regime except that: affect the regime except that:
1. The spouse who leaves the conjugal 1. The spouse who leaves the conjugal
home or refuses to leave therein, home or refuses to leave therein, without
— — —
without just cause, shall have no right to just cause, shall have no right to be
be supported supported

2. When the consent of the other spouse

to any transaction of the other is
required by law, judicial authorization 2. When the consent of the other spouse to — — —
shall be obtained in a summary any transaction of the other is required by
proceeding law, judicial authorization shall be obtained
in a summary proceeding

3. In the absence of sufficient community 3. In the absence of sufficient community

property, separate property shall be property, separate property shall be
solidarily liable. The spouse present upon solidarily liable. The spouse present upon
proper petition in a summary proceeding proper petition in a summary proceeding
— — —
shall be given authority to administer or shall be given authority to administer or
encumber any specific separate property encumber any specific separate property of
of the other spouse and use the fruits or the other spouse and use the fruits or
Dissolution proceeds to satisfy the latter’s share. proceeds to satisfy the latter’s share.

Art 101. If a spouse without just cause

Art 128. If a spouse without just cause
abandons the other or fails to comply to
his or her obligations, the aggrieved abandons the other or fails to comply to
his or her obligations, the aggrieved spouse
spouse may petition the court for may petition the court for receivership, for
receivership, for judicial separation of
judicial separation of property or for
property or for authority to be the sole
authority to be the sole administrator of
administrator of the absolute
the absolute community, subject to such
community, subject to such
precautionary conditions as the court precautionary conditions as the court may
impose.
may impose.

The obligations to the fanily mentioned The obligations to the fanily mentioned in
the preceeding paragraph refer to marital,
in the preceeding paragraph refer to parental or property relations. — — —
marital, parental or property relations.
A spouse is deemed to have abandoned the
A spouse is deemed to have abandoned
other when he or she left the conjugal
the other when he or she left the
dwelling without any intention of returning
conjugal dwelling without any intention
The spouse who has left the conjogual
of returning The spouse who has left the
home for a period of three months or has
conjogual home for a period of three
failed within the same period to give any
months or has failed within the same
information as to his or her whereabouts
period to give any information as to his shall be prima facie presumed to have no
or her whereabouts shall be prima facie
intention of returning to the conjugal
presumed to have no intention of
dwelling.
returning to the conjugal dwelling.

Art 102. Upon dissolution, the following Art 129. Upon dissolution, the following
— — —
procedure shall apply: procedure shall apply:
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1. An inventory shall be prepared, listing 1. An inventory shall be prepared, listing
separately all the properties of the separately all the properties of the conjugal
— — —
absolute community and the exclusive partnership and the exclusive property of
property of each spouse each spouse

2. Amounts advanced by the conjugal

partnership in payment of personal debts
— and obligations of either spouse shall be — — —
credited to the conjugal partnership as an
asset thereof.

3. Each spouse shall be reimbursed 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 in the
conjugal partnership.

2. The debts and obligations of the 4. The debts and obligations of the absolute
absolute community shall be paid out of conjugal partnership shall be paid out of
its assets. In case of insufficiency, the the conjugal assets. In case of insufficiency,
spouses shall be solidarily liable for the the spouses shall be solidarily liable for the — — —
unpaid balance with their separate unpaid balance with their separate
properties in accordance with the properties in accordance with the
provisions of second paragraph of Article provisions of second paragraph of Article
94. 121.

3. Whatever remains of the exclusive 5. Whatever remains of the exclusive

properties of the spouses shall thereafter properties of the spouses shall thereafter — — —
be delivered to each of them be delivered to each of them

6. Unless the owner had been indemified

from whatever source, the loss or
detoriation of movables used for the
— benefit of the family, belonging to either — — —
spouse, even due to fortuitous event, shall
be paif to said spouse from the conjugal
funds, if any.
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4. The net remainder of the properties of

the absolute community shall constitute
its net assets which shall be divided
equally between spouses, unless a
different division was agreed upon a 7. The net remainder of the conjugal
partnership properties shall constitute the
marriage settlements or there has been a
profits which shall be divided equally
voluntary waiver. For purposes of — — —
between spouses, unless a different division
computing the net profits subject to
was agreed upon a marriage settlements or
forfeiture, the said profits shall be the there has been a voluntary waiver.
increase in value between the market
value at the time of the celebration of
the marriage and the market value at the
time of its disposition.

5. The presumptive legitimes of the 8. The presumptive legitimes of the

common children shall be delivered upon common children shall be delivered upon — — —
partition in accordance with Article 51. partition in accordance with Article 51.

6. Unless otherwise agreed upon by the 9. Unless otherwise agreed upon by the
Liquidation parties, the conjugal dwelling and the lot parties, the conjugal dwelling and the lot on
on which it is situated shall be which it is situated shall be adjudicated to
adjudicated to the spouse with whom the spouse with whom the majority of the
the majority of the common children common children choose to remain.
choose to remain. Children below 7 years Children below 7 years old deeme to have — — —
old deeme to have chosen the mother chosen the mother unless the court decide
unless the court decide otherwise. In otherwise. In case there is no such majority,
case there is no such majority, the court the court shall decided taking into
shall decided taking into consideration consideration the best interests of said
the best interests of said children. children.
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Art 103. Upon the termination by death,

Art 130. Upon the termination by death,
the community property shall be
the community property shall be liquidated
liquidated in the same proceeding for the
settlement of the estate of the deceased. in the same proceeding for the settlement
of the estate of the deceased.
If no judicial settlement proceeding is
instituted, the surviving spouse shall
liquidate the community propoerty If no judicial settlement proceeding is
instituted, the surviving spouse shall
either judicially or extra-judicially within liquidate the community propoerty either
one year the death of the deceased. If
upon lapse of the said period, no judicially or extra-judicially within one year
the death of the deceased. If upon lapse of
liquidation is made, any disposition or the six month period, no liquidation is — — —
encumbrance involving the community
property of the terminated marriage made, any disposition or encumbrance
involving the community property of the
shall be void. terminated marriage shall be void.
Should the surviving spouse contract
Should the surviving spouse contract
sibsequent marriage with complaince
sibsequent marriage with complaince with
with the foregoing requirements, a
the foregoing requirements, a mandatory
mandatory regime of complete
regime of complete separation of property
separation of property shall govern the
shall govern the property relations.
property relations.

Art 104. Whenever the liquidation of

Art 131. Whenever the liquidation of
community properties of two or more
community properties of two or more
marriages contracted by the same
marriages contracted by the same person
person before the effectivityof this Code
before the effectivityof this Code (August 3,
(August 3, 1988) is carried out
1988) is carried out simultaneously, the
simultaneously, the respective capital, respective capital, fruits and income of
fruits and income of each community
each community shall be determined upon
shall be determined upon sich proof as — — —
sich proof as may be considered according
may be considered according to the rules to the rules of evidence. In case of doubt as
of evidence. In case of doubt as to which
to which the community the existing
the community the existing properties
properties belong, the same shall be
belong, the same shall be divided
divided between or among the different
between or among the different
communities in proportion to the capital or
communities in proportion to the capital the duration of each.
or the duration of each.

Art 132. The Rules of Court on the

administration of estates of deceased
persons shall be observed in the appraisal — — —
and sale of property of the conjugal
partnership, and other matters which are
not expressly determined in this Chapter.
—
 Property Regime of Unions Without
Section Absolute Community Conjugal Partnership of Gains Separation of Property Regime of Separation of Property
Marriage

Art 133. From the common mass of

property support shall be given to the
surviving spouse and to the children during — — —
the liquidation of the inventoried property
and until what belongs to them is delivered;
but from this shall be deducted that
amount received for support which exceeds
— the fruits or rents pertaining to them.