HOW CAN THE ABSOLUTE COMMUNITY OF PROPERTY BE TERMINATED?

Read also: WHAT CHARGES MAY BE DEDUCTED FROM THE ABSOLUTE COMMUNITY PROPERTY?

• The absolute community terminates upon the death of either spouse.

• The absolute community terminates when there is a decree of legal separation.

• The absolute community terminates when the marriage is annulled, declared void or in case there is a judicial separation of property during the marriage.

Absolute Community of Property is the default property regime for husbands and wives who do not have antenuptial agreements. However, in the case spouses wanted to terminate it, can it be done? Yes, but on limited reasons.

 UNDER THE FAMILY CODE:

The absolute community terminates:

1. Upon the death of either spouse;
2. When there is a decree of legal separation;
3. When the marriage is annulled or declared void; or
4. In case of judicial separation of property during the marriage. Such judicial separation of property may either be voluntary or for sufficient cause.

Any of the following shall be considered sufficient cause for judicial separation of property:

1. That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
2. That the spouse of the petitioner has been judicially declared an absentee;
3. That loss of parental authority of the spouse of petitioner has been decreed by the court;
4. That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family;
5. That the spouse granted the power of administration in the marriage settlements has abused that power; and
6. That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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