property relations between husband and wife(bw)

8/7/2019 PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE(BW)

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GeneralProvisions

Inclusions Charges andObligations

Ownership,Administration,Enjoyment and

Disposition

Dissolution Liquidation of Assets an

ConjugalPartnershipof Gains

Art. 105. In case the futurespouses agree in themarriage settlements that theregime of conjugal

partnership gains shallgovern their propertyrelations during marriage, theprovisions in this Chaptershall be of supplementaryapplication.The provisions of thisChapter shall also apply toconjugal partnerships ofgains already establishedbetween spouses before theeffectivity of this Code,without prejudice to vestedrights already acquired inaccordance with the CivilCode or other laws, asprovided in Article 256. (n)

Art. 106. Under the regime ofconjugal partnership of gains,the husband and wife placein a common fund theproceeds, products, fruits andincome from their separateproperties and thoseacquired by either or both

spouses through their effortsor by chance, and, upondissolution of the marriage orof the partnership, the netgains or benefits obtained byeither or both spouses shallbe divided equally betweenthem, unless otherwiseagreed in the marriagesettlements. (142a)

Art. 107. The rules providedin Articles 88 and 89 shallalso apply to conjugalpartnership of gains. (n)

Art. 108. The conjugalpartnership shall be governedby the rules on the contract ofpartnership in all that is not inconflict with what is expresslydetermined in this Chapter orby the spouses in theirmarriage settlements. (147a)

Art. 116. All property acquired during the marriage, whether the acquisitionappears to have been made, contracted or registered in the name of one orboth spouses, is presumed to be conjugal unless the contrary is proved.(160a)

Art. 117. The following are conjugal partnership properties:(1) Those acquired by onerous title during the marriage at the expense of thecommon fund, whether the acquisition be for the partnership, or for only oneof the spouses;(2) Those obtained from the labor, industry, work or profession of either orboth of the spouses;(3) The fruits, natural, industrial, or civil, due or received during the marriagefrom the common property, as well as the net fruits from the exclusiveproperty of each spouse;(4) The share of either spouse in the hidden treasure which the law awardsto 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 thenumber of each kind brought to the marriage by either spouse; and(7) Those which are acquired by chance, such as winnings from gambling orbetting. However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154a, 155, 159)

Art. 118. Property bought on installments paid partly from exclusive funds ofeither or both spouses and partly from conjugal funds belongs to the buyer orbuyers if full ownership was vested before the marriage and to the conjugalpartnership if such ownership was vested during the marriage. In either case,any amount advanced by the partnership or by either or both spouses shallbe reimbursed by the owner or owners upon liquidation of the partnership. (n)

Art. 119. Whenever an amount or credit payable within a period of timebelongs to one of the spouses, the sums which may be collected during themarriage in partial payments or by installments on the principal shall be theexclusive property of the spouse. However, interests falling due during themarriage on the principal shall belong to the conjugal partnership. (156a,157a)

Art. 120. The ownership of improvements, whether for utility or adornment,made on the separate property of the spouses at the expense of thepartnership or through the acts or efforts of either or both spouses shallpertain to the conjugal partnership, or to the original owner-spouse, subjectto the following rules:

When the cost of the improvement made by the conjugal partnership and anyresulting increase in value are more than the value of the property at the timeof the improvement, the entire property of one of the spouses shall belong tothe conjugal partnership, subject to reimbursement of the value of theproperty of the owner-spouse at the time of the improvement; otherwise, saidproperty shall be retained in ownership by the owner-spouse, likewisesubject to reimbursement of the cost of the improvement.In either case, the ownership of the entire property shall be vested upon thereimbursement, which shall be made at the time of the liquidation of theconjugal partnership. (158a)

Art. 121. Same as Article 94(See above) except 9

Art. 122. The payment of

personal debts contracted bythe husband or the wifebefore or during the marriageshall not be charged to theconjugal propertiespartnership except insofar asthey redounded to the benefitof the family.

Neither shall the fines andpecuniary indemnitiesimposed upon them becharged to the partnership.

However, the payment ofpersonal debts contracted byeither spouse before themarriage, that of fines andindemnities imposed uponthem, as well as the supportof illegitimate children ofeither spouse, may beenforced against thepartnership assets after theresponsibilities enumeratedin the preceding Article have

been covered, if the spousewho is bound should have noexclusive property or if itshould be insufficient; but atthe time of the liquidation ofthe partnership, such spouseshall be charged for what hasbeen paid for the purposeabove-mentioned. (163a)

Art. 123. Whatever may belost during the marriage inany game of chance or inbetting, sweepstakes, or anyother kind of gamblingwhether permitted orprohibited by law, shall beborne by the loser and shallnot be charged to theconjugal partnership but anywinnings therefrom shall formpart of the conjugalpartnership property. (164a)

Art. 124. Same as Article96

Art. 125. Same as Article

98

Art. 126. Same as Article 99

Art. 127. The separation in fact betweenhusband and wife shall not affect the

regime of conjugal partnership, except that:(1) The spouse who leaves the conjugalhome or refuses to live therein, without justcause, shall not have the right to besupported;(2) When the consent of one spouse to anytransaction of the other is required by law,judicial authorization shall be obtained in asummary proceeding;(3) In the absence of sufficient conjugalpartnership property, the separate propertyof both spouses shall be solidarily liable forthe support of the family. The spousepresent shall, upon petition in a summaryproceeding, be given judicial authority toadminister or encumber any specificseparate property of the other spouse anduse the fruits or proceeds thereof to satisfythe latter's share. (178a)


Art. 129. Upon the dissolution of the conjugal pafollowing procedure shall apply:(1) An inventory shall be prepared, listing separthe conjugal partnership and the exclusive prop

(2) Amounts advanced by the conjugal partnersdebts and obligations of either spouse shall be cpartnership as an asset thereof.(3) Each spouse shall be reimbursed for the usefunds in the acquisition of property or for the valproperty, the ownership of which has been vestpartnership.(4) The debts and obligations of the conjugal paof the conjugal assets. In case of insufficiency oshall be solidarily liable for the unpaid balance wproperties, in accordance with the provisions of121.(5) Whatever remains of the exclusive propertiethereafter be delivered to each of them.(6) Unless the owner had been indemnified fromor deterioration of movables used for the benefieither spouse, even due to fortuitous event, shafrom the conjugal funds, if any.(7) The net remainder of the conjugal partnershconstitute the profits, which shall be divided equwife, unless a different proportion or division wamarriage settlements or unless there has been forfeiture of such share as provided in this Code(8) The presumptive legitimes of the common cupon the partition in accordance with Article 51.(9) In the partition of the properties, the conjuga

which it is situated shall, unless otherwise agreeadjudicated to the spouse with whom the majorchoose to remain. Children below the age of sevhave chosen the mother, unless the court has dthere is no such majority, the court shall decidethe best interests of said children. (181a, 182a,



Art. 132. The Rules of Court on the administratipersons shall be observed in the appraisal and sconjugal partnership, and other matters which adetermined in this Chapter. (187a)

Art. 133. From the common mass of property susurviving spouse and to the children during the inventoried property and until what belongs to ththis shall be deducted that amount received for fruits or rents pertaining to them. (188a)


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