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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
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
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)
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
-Taxes
-Expenses
including
major
and
-Liens
minor
repairs
-Charges
-Expenses
including
major
and
5. All
taxes
and
expenses
for
the
minor
repairs
preservation
of
the
separate
property
used
by
the
family
5. All
taxes
and
expenses
for
the
preservation
of
the
separate
property
6. Expenses
to
enable
either
spouse
to
used
by
the
family
commence
or
complete
a
professional
or
vocational
course,
or
other
activity
for
self-
6. Expenses
to
enable
either
spouse
to
improvement
commence
or
complete
a
professional
or
vocational
course,
or
other
activity
for
7. Ante-nuptial
debts
insofar
as
it
redounded
self-improvement
to
the
benefit
of
the
family
7. Ante-nuptial
debts
insofar
as
it
redounded
to
the
benefit
of
the
family
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
9. Expenses of litigation
Requisite:
a) The
suit
is
between
husband
and
wife
b) The
suit
is
not
groundless
9. Expenses of litigation
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
husbands
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
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
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
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
a) Receivership
b) Judicial Separation of Property
c) Authority to be the sole administrator
of the ACP
remains
in
the