WHAT CHARGES MAY BE DEDUCTED FROM THE ABSOLUTE COMMUNITY PROPERTY?

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Published — June 01, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read also: PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (PART II)

• The children of either spouse must be legitimate for the support to be charged against the absolute community.

• Debts prior to marriage by either spouse, which did not redound to the benefit of the family shall not be borne by the absolute community of property.

• All debts contracted by one spouse with or without the consent of the other are chargeable against the community of property to the extent that the family may have been benefited.

In an absolute community of property, the husband and wife consider themselves as co-owners of all properties brought into and acquired during the marriage. There are however expenses that are chargeable to the absolute community of property.

Under Family Code:

 The absolute community of property shall be liable for:

1. The support of the spouses, their common children, and legitimate children of either spouse;
2. All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;
5. All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;
6. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement;
9. Ante-nuptial debts of either spouse other than those falling under paragraph (7), the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict. In case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and
10. Expenses of litigation between the spouses unless the suit is found to be groundless.

If the community property is insufficient 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.

Also, whatever may be lost during the marriage in any game of chance, 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 community but any winnings therefrom shall form part of the community property.

• Support of the family

The children of either spouse must be legitimate for the support to be charged against the absolute community. The illegitimate children of either spouse must also be supported, but not by the absolute community. In case of illegitimate children, the rule is that their support shall come from the separate property of each spouse if they have illegitimate children. If they have no separate properties or if there are, but not sufficient, then the absolute community of property shall advance the support, but the same shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or the conjugal partnership.

Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

• Obligations redounding to benefit of family

All debts contracted by one spouse with or without the consent of the other are chargeable against the community of property. What is important is that they must have redounded to the benefit of the family or at least the community of property so that they shall be liable to the extent that the debts may have benefited the family.

•  Ante-nuptial debts

Debts prior to marriage by either spouse, which did not redound to the benefit of the family shall not be borne by the absolute community of property. If that spouse who contracted it has no separate property to answer the same, then, the absolute community of property shall answer the same, but this shall be treated as advances from the absolute community of property, chargeable against his share upon liquidation of the absolute community of property or conjugal partnership.

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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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