(137a, 168a, 169a), Article 111A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. (160a). However, losses therefrom shall be borne exclusively by the loser-spouse. (160a) The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one … The spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share. Expenses of litigation between the spouses unless the suit is found to groundless. TITLE IV FAMILY CODE OF THE PHILIPPINES – We are going to know about Chapter 4 of Title IV of the Family Code of the Philippines. 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. The Family Code of the Philippines, Title IV EO 209, EO 209 s. 1987, The inherited estate is one of the most talked about topics concerning property relation. Learn how your comment data is processed. (142a), Article 107The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. (153a, 154a, 155, 159). 209, or the Family Code of the Philippines, was signed into law by then-President Corazon Aquino on July 6, 1987. Conjugal Partnership Property Art. (163a), Article 123Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) Those obtained from the labor, industry, work or profession of either or both of the spouses; (3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; (4) The share of either spouse in the hidden treasure 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; and. (158a), Section 4: Charges Upon and Obligations of the Conjugal Partnership. The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. EO 209, Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. -when property is acquired before the wife got married, the property will be exclusively hers;-marriage joins exclusive properties as part of one estate within the conjugal property and the fruits of those properties shall be shared between the husband and wife for the duration of their marriage; The Family Code of the Philippines states that, in the absence of a “Marriage Settlement” or what is commonly known as “Pre-nuptial agreement” that separates the properties of the spouses married after the enactment of the Family Code, their properties shall no longer be governed by the law on CONJUGAL PROPERTY but by the regime of ABSOLUTE COMMUNITY OF PROPERTY. The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. This site uses Akismet to reduce spam. It states that for couples married on or any time after August 3, 1988, all properties acquired before or during the union are automatically considered conjugal properties upon marriage. (161a), Article 122The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family.Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated 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 purpose above-mentioned. 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