Reviewer in ACP
| Front | Any alienation or encumbrance of the conjugal property concluded after the effectivity of the Family Code requires the other spouse's written consent or a court order allowing the transaction, otherwise, the disposition is void. This is because before the liquidation of the conjugal partnership, the interest of each spouse in the conjugal assets is inchoate, a mere expectancy, which constitutes neither a legal nor an equitable estate, and does not ripen into a title until it appears that there are assets in the community as a result of the liquidation and settlement. The interest of each spouse is limited to the net remainderresulting from the liquidation of the affairs of the partnership after its dissolution. Thus, the right of the husband or wife to one-half of the conjugal assets does not vest until the dissolution and liquidation of the conjugal partnership, or after dissolution of the marriage, when it is finally determined that, after settlement of conjugal obligations, there are net assets left which can be divided between the spouses or their respective heirs (Alexander v. Sps. Escalona, G.R. No. 256141, July 19, 2022).Note: The retroactive effect of Article 124 of the Family Code to existing conjugal partnerships is without prejudice to vested rights in the property acquired before August 3, 1988 - the date of the effectivity of the Family Code (Alexander v. Sps. Escalona, G.R. No. 256141, July 19, 2022). |
| Back | What is the effect of the alienation or encumbrance of conjugal property withoutthe authority of the court or the written consent of the other spouse under Articles 96 and 124 of the Family Code? |
| Front | ANS: Generally, the separation in fact between husband and wife shall not affect the regime of absolute community except:That the spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; andIn the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon proper 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 (FAMILY CODE, Art. 100).Note: The same rule applies to Conjugal Partnership of Gains (FAMILY CODE, Art. 127). |
| Back | What are the effects of the separation in fact between the spouses on the regime of absolute community? |
| Front | One of the spouses may assume sole powers of administration in the event onespouse is incapacitated or unable to participate in the administration of the common properties (FAMILY CODE, Art. 96, Par. 2). |
| Back | May one of the spouses assume sole powers of administration? |